HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA Transfer Civil Miscellaneous Petition No. 560 of 2011 DATED 1st December, 2011 BETWEEN Smt. Juveria Yaseem …Petitioner And Sri Mansoor Ali Khan ….Respondents. HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA Transfer Civil Miscellaneous Petition No. 560 of 2011 ORDER: This Transfer Civil Miscellaneous Petition is filed seeking transfer of O.S.No. 67 of 2011 pending on the file of the learned Principal Junior Civil Judge, at Nizamabad to the file of the learned Additional Metropolitan Sessions Judge for trial of JHCBBC cum Additional Family Court cum 23rd Additional Chief Judge at Hyderabad. It is the case of the petitioner-wife that her marriage with the respondent-husband was solemnized on 20.12.2008 and blessed with a male child during their wedlock. It has been averred that the respondent used to harass her with an evil intention to get more money and that his family members insist her to meet unlawful demands; and that the respondent-husband used to harass mentally and physically and in those circumstances she was forced to come to her maternal home. Thereafter, the petitioner filed M.C.No. 20 of 2011 on the file of the learned Additional Metropolitan Sessions Judge for trial of JHCBBC cum Additional Family Court cum 23rd Additional Chief Judge at Hyderabad, against the respondent seeking grant of maintenance. She also filed DVC No. 27 of 2011 before the learned First Metropolitan Magistrate, Hyderabad. In both the cases, the respondent filed counter. It has further been averred that to counter blast the same, the respondent-husband filed O.S.No. 67 of 2011 on the file of the Principal Junior Civil Judge, Nizamabad for restitution of conjugal rights. The learned Counsel for the petitioner submitted that the petitioner is being harassed by the respondent and that as two cases have been filed against the respondent-husband and the same are pending consideration in the Courts at Hyderabad, in which the respondent-husband already filed counters, it would be just and proper to transfer the suit in O.S.No. 67 of 2011 filed by the respondent-husband to the file of the learned Additional Metropolitan Sessions Judge for trial of JHCBBC cum Additional Family Court cum 23rd Additional Chief Judge at Hyderabad. He further submitted that it is very difficult to the petitioner to travel all the way to Nizamabad for every hearing along with her month’s baby. No one has put in appearance on behalf of the respondent despite service of notice. After hearing the learned Counsel for the petitioner, I am of the considered opinion that the petitioner-wife has filed two cases against the respondent-husband which are pending consideration in the Courts at Hyderabad and in both the cases, the respondent-husband has filed counters. Further, it would be difficult for the petitioner to travel with her months’ baby to Nizamabad for every hearing of the suit filed by the respondent-husband. It is well settled by the Apex Court in the cases of Rajani Kishore Paradeshi Vs. Kishore Babul Paradeshi ( 2005 (12) SCC 237), Sunita Singh Vs. Kumar Sanjay (AIR 2002 SC 396) and Anjali Ashok Sadwani Vs. Ashok Kishinchand Sadwani (2009 AIR SC 1374) that convenience of the wife is to be preferred over the convenience of the husband in the cases of matrimonial disputes. In that view of the matter, and considering the facts and circumstances of the case, this Transfer Civil Miscellaneous Petition is liable to be allowed. Accordingly, Transfer Civil Miscellaneous Petition is allowed and the suit in O.S.No. 67 of 2011 pending on the file of the learned Principal Junior Civil Judge, Nizamabad is hereby withdrawn and transferred to the file of the learned Additional Metropolitan Sessions Judge for trial of JHCBBC cum Additional Family Court cum 23rd Additional Chief Judge at Hyderabad. There shall be no order as to costs. -------------------------------------- JUSTICE ASHUTOSH MOHUNTA Dated 1st December, 2011. Msnro