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REPORTABLE    IN THE SUPREME COURT OF INDIA

             CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6721 OF 2013 (@ Special Leave Petition (C) No. 28462/2012)

SMT. T.GAYATRI DEVI                   Appellant  

                VERSUS

DR.TALLEPANENI SREEKANTH                Respondent

O R D E R

Leave granted.  

This  appeal  has  been  filed  challenging  the  

order passed by the High Court of Judicature of Andhra  

Pradesh  at  Hyderabad  dated  23.07.2012  by  which  the  

learned  Single  Judge  was  pleased  to  reject  the  

petition  filed  by  the  appellant  for  transfer  of  a  

divorce  proceeding  instituted  by  the  respondent-

husband bearing O.P. No. 1256/2011 which is pending  

trial in  the Family  Court, Hyderabad  to the  Family  

Court at Kakinada.  

The  High  Court  appears  to  have  rejected  the  

petition essentially on the ground that the appellant-

wife is not a student depending upon her parents and  

is  stated  to  be  employed  in  a  private  sector  as  

Company Secretary and, therefore, the High Court held  

that it was not a case of a destitute woman depending

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on the charity of her parents and taking shelter in  

her parental house so as to allow the transfer of the  

divorce proceeding on the ground that she could not  

afford the expenditure of travel and accommodation at  

Hyderabad.   

We find the approach of the High Court and the  

reasons  assigned  clearly  unsustainable  as  the  High  

Court appears to have lost sight of the fact that the  

respondent-husband on the one hand has filed a divorce  

proceeding  against  the  appellant-wife  and  further  

expects the same to be tried at a place of his choice,  

which  is  Hyderabad.   The  High  Court  refused  to  

transfer it to the place where the wife is working on  

the ground that the petitioner-wife is not an indigent  

lady  and  she  is  capable  of  contesting  the  suit  by  

undertaking journey from Kakinada to Hyderabad.  The  

learned  Single  Judge  has  completely  overlooked  the  

implication  of  this  view  as  on  the  one  hand  the  

appellant-wife  would  be  expected  to  contest  the  

divorce proceeding to her detriment and at the same  

time would have to undertake the journey from Kakinada  

to Hyderabad which is bound to affect discharge of her  

professional duties where she is working as apart from  

the journey she would also have to seek leave which  

surely  would  affect  her  performance  in  the  company  

further and put her job at risk.  The import of the

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order clearly is that on the one hand the appellant-

wife should live alone, maintain herself by living at  

her  parents  place  and  on  the  top  of  it  give  more  

attention  to  contest  the  divorce  proceeding  rather  

than looking to her job on which she is surviving in  

absence of any support from her husband who not only  

seeks a decree of divorce but also at convenience by  

choosing a place of his choice to secure a decree of  

divorce.

Considering  the  implication  of  the  aforesaid  

situation and circumstance, the view taken by the High  

Court  refusing  to  transfer  the  case  is  fit  to  be  

struck down as illegal, devoid of practical fallout  

and wisdom.

We, therefore, set aside the order passed by  

the  High  Court,  allow  this  appeal  and  permit  the  

transfer  of  the  divorce  proceeding  along  with  its  

records bearing  O.P. No. 1256 of 2011 from the Family  

Court, Hyderabad to the Family Court, Kakinada.  

........................J. (GYAN SUDHA MISRA)

........................J. (PINAKI CHANDRA GHOSE)

NEW DELHI AUGUST 05, 2013

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ITEM NO.62               COURT NO.12             SECTION XIIA

           S U P R E M E   C O U R T   O F   I N D I A                          RECORD OF PROCEEDINGS                      Petition(s) for Special Leave to Appeal (Civil) No(s).28462/2012

(From the judgement and order  dated 23/07/2012 in CMP No.89/2012 of  The HIGH COURT OF A.P  AT HYDERABAD)

SMT. T.GAYATRI DEVI                               Petitioner(s)

                VERSUS

DR.TALLEPANENI SREEKANTH                          Respondent(s)

(With prayer for interim relief and office report)

Date: 05/08/2013  This Petition was called on for hearing today.

CORAM :         HON'BLE MRS. JUSTICE GYAN SUDHA MISRA         HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE

For Petitioner(s)                      Mr. M. Vijaya Bhaskar,Adv.

For Respondent(s)                      Mr. Aniruddha P. Mayee,Adv.

          UPON hearing counsel the Court made the following                                O R D E R  

Leave granted.  

Appeal is allowed in terms of the reportable  signed order.  

(NAVEEN KUMAR)                       (S.S.R. KRISHNA)    COURT MASTER                         COURT MASTER

(Reportable signed order is placed on the file)