Telangana HC uses discretionary powers, refuses to transfer divorce case
Hyderabad: The Telangana High Court exercised its discretionary powers in not allowing the transfer of a family dispute (divorce) petition sought by the wife away from the jurisdiction in which her husband stays.
Considering the medical and economic conditions of the husband, the High Court rejected the wife’s plea for transferring the divorce case from the family court at Kalpataru complex in Hyderabad to the family court in Peddapalli, where she is residing.
However, the High Court allowed her to appear through video conference or by appointing an advocate commissioner at her place of residence at the expense of her husband.
Justice P. Sree Sudha was dealing with a petition filed by a woman, who has a four-month baby. The wife mentioned that it was difficult for her to travel all the way from Peddapalli to Hyderabad, which is more than 190 km away, to attend each and every hearing along with her infant.
The wife relied on Clause (ii) of Section 19 of Hindu Marriage Act that if a husband files a divorce petition, then he would be required to file it before the court where the wife resides.
But, the husband submitted a medical certificate about his severe back ache that was detrimental to travelling long distances. Apart from that his present economic condition is very poor and he is dependent on his sister for financial support, he said.