Andhra Pradesh High Court
TRCMP/391/2024 of PATCHIPALA PADMAVATHI Vs PATCHIPALA APPALANARASIMHA DASU on 31 December 2024
COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY. THE THIRTY FIRST DAY OF DECEMBE TWO THOUSAND AND TWENTY FOUR i PRESENT THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION NO: 391 OF 2024 Between: Patchipala Padmavathi, W/o.Appalanarasimha Dasu, Aged about 37
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY. THE THIRTY FIRST DAY OF DECEMBE
TWO THOUSAND AND TWENTY FOUR
i
PRESENT
THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO
TRANSFER CIVIL MISCELLANEOUS PETITION NO: 391 OF 2024Between:
Patchipala Padmavathi, W/o.Appalanarasimha Dasu, Agedabout 37years,Hindu,R/o.D.No.17-13-54,PeddaVeedhi,Jonnaguddi,Vizaianagaram Town and District.
...Petitioner / Petitioner
AND
Patchipala Appalanarasimha Dasu, S/o.Late Simhachalam, Aged about43years,Hindu,WorkingasEmployeeinBheemunipatnamMunicipality,R/o.NearNukalammaTempleBheemunipatnamMunicipality, Visakhapatnam District.
...Respondent / Respondent
PetitionUnderSection24oftheC.P.C.Prayingthatinthecircumstances stated in the affidavit filed therewith, the High Court may bepleasedtotransfertheF.C.O.P.No. 1467/2023fromthefileoftheAdditional Family Court-cum-V Additional District Judge at Visakhapatnamto Family Court-cum-lll Additional District Judge, Vizianaga[ram.]
lA NO:1 OF 2024
Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to stay of all further proceedings in. F.C.O.P.No.1467/2023 onthe file of the Additional Family Court-cum-V- Additional District SessionsJudge at Visakhapatnam.
Counsel for the Petitioner :SRI. SARIPALLI SUBRAHMANYAM
Counsel for the Respondents: —
The Court made the following: ORDER
r
THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO
TRANSFER CIVIL MISCELLANEOUS PETITION No.391 of 2024ORDER:
The petitioner/wife filed the present Petition under[Section 24][ of][ the]Code of Civil Procedure, 1908, seeking to transfer[the][ F.C.O.P.No.1467][ of]2023 from the file of the Additional Family Court-cum-V[Additional]DistrictSessions Judgeat VisakhapatnamtoFamilyCourt-cum-lllAdditionalDistrict Judge, Vizianagaram.
2. The case of the petitioner in brief is as follows:
(i) The petitioner is the wife of the respondent herein[and][ in][ view][ of][ the]matrimonial disputes in between both the parties, the[petitioner/wife]is residing at her parents’ house at Vizianagaram town.matrimonial disputes in between both the parties, the[petitioner/wife]is residing at her parents’ house at Vizianagaram town.
(ii) The petitioner further pleaded that she filed 498-A[IPC][ case][ against]the respondent and the Police also filed Charge Sheet[before][ the]IIAdditionalJuniorCivilJudge-cum-lllSpecialMobileCourtatVizianagaramandshehasalsofiledMaintenanceCasevideF.C.M.C.No.17 of 2021 on the file of the Court of III[Additional][ District]Judge-cum- Family Court at Vizianagaram.the respondent and the Police also filed Charge Sheet[before][ the]IIAdditionalJuniorCivilJudge-cum-lllSpecialMobileCourtatVizianagaramandshehasalsofiledMaintenanceCasevideF.C.M.C.No.17 of 2021 on the file of the Court of III[Additional][ District]Judge-cum- Family Court at Vizianagaram.
(iii) The petitioner further pleaded that she is staying[along][ with][ her][ minor]child, whois suffering with illness and also kidney[disease,]at herparents’ house.child, whois suffering with illness and also kidney[disease,]at herparents’ house.
(iv) Whilethematterstoodthus,therespondent/husbandfiledF.C.O.P.No.1467 of 2023 on the file of Additional Family[Court-cum-]V AdditionalDistrict Judgeat Visakhapatnam for seekingDivorceunder Section 13(1) (ia) of Flindu Marriage Act, 1955[[for][ short][ referred]as H.M. Act].F.C.O.P.No.1467 of 2023 on the file of Additional Family[Court-cum-]V AdditionalDistrict Judgeat Visakhapatnam for seekingDivorceunder Section 13(1) (ia) of Flindu Marriage Act, 1955[[for][ short][ referred]as H.M. Act].
(iii) The petitioner further pleaded thatshe is staying[along][ with][ minor]child, whois suffering with kidney disease at her parents’ house[ at]Vizianagaram anditis verydifficult for her to appearbeforetheFamily Court at Vizianagaram and that she is constrained[to][ file][ this]application.child, whois suffering with kidney disease at her parents’ house[ at]Vizianagaram anditis verydifficult for her to appearbeforetheFamily Court at Vizianagaram and that she is constrained[to][ file][ this]application.
3. FleardSriSaripalliSubrahmanyam,learnedcounselforthepetitioner. Though notice served on the respondent,[none][ appeared][ for][ the]respondent.petitioner. Though notice served on the respondent,[none][ appeared][ for][ the]respondent.
4. The Apex Courtin a case of GeetaFleera VsFlarishChanderF1eera\ held by considering the fact that -F1eera\ held by considering the fact that - if a wife does not have sufficient funds to visit the place where thedivorce petition is filed by her husband, then the[transfer][petition][ filed]by the wife may be allowed.
5. TheApexCourtinacaseofN.C.V.AishwaryaVsA.S.SaravanaKarthikSha^ held as follows; I
“9. The cardinal principle for exercise of power under24of theCodeofCivil Procedureisthat the endsof justice[should][ demand]thetransfer of thesuit, appeal or other proceeding.In[matrimonial][ matters,]wherever Courts are called upon to consider the plea[of][ transfer,][ the][ Courts]have to take into consideration the economic soundness of both the parties,the social strata of the spouses and their behavioural pattern, their standardof life prior to the marriage and subsequent thereto[and][ the][ circumstances]of both the parties in eking out their livelihood and[under][ whose][ protective]umbrella they are seekingtheir sustenance tolife.[Given][ the]prevailingsocio- economic paradigmin the Indian society, generally,itis thewife’sconvenience which must be looked at while considering[transfer.”]
6. On considering the submissions made by the learned[counsel][ for][ the]petitioner andin view of theratiolaid down by the[Apex][ Court]in theaforesaid case laws thatin matrimonial proceedings,[the][ convenience][ of]thewifehastobeconsideredthanthatof theinconvenienceofthehusband. Therefore,this Courtis of the considered[view][ that][ there]aregroundstoconsidertherequestofthepetitionertotransfertheF.C.C.P.No.1467 of 2023 on the file of the Additional Family Court-cum- VAdditionalDistrict Judge at Visakhapatnam to the Court[of]III AdditionalDistrict Judge-cum-Family Court, Vizianagaram.petitioner andin view of theratiolaid down by the[Apex][ Court]in theaforesaid case laws thatin matrimonial proceedings,[the][ convenience][ of]thewifehastobeconsideredthanthatof theinconvenienceofthehusband. Therefore,this Courtis of the considered[view][ that][ there]aregroundstoconsidertherequestofthepetitionertotransfertheF.C.C.P.No.1467 of 2023 on the file of the Additional Family Court-cum- VAdditionalDistrict Judge at Visakhapatnam to the Court[of]III AdditionalDistrict Judge-cum-Family Court, Vizianagaram.
Conclusion
7. In the result, the Transfer Civil Miscellaneous Petition[is][ allowed][ and]the F.C.C.P.No.1467of 2023 on thefile of the Additional Family Court-cum-V Additional District Judge at Visakhapatnam is hereby withdrawn andtransferred to the Court of Family Court-cum-III Additional[District][ Judge,]the F.C.C.P.No.1467of 2023 on thefile of the Additional Family Court-cum-V Additional District Judge at Visakhapatnam is hereby withdrawn andtransferred to the Court of Family Court-cum-III Additional[District][ Judge,]
Vizianagaram.TheAdditionalFamilyCourt-cum-V AdditionalDistrictJudge at Visakhapatnam shall transmit the case record[in][ F.C.O.P.No.1467]of 2023 to the Court of the Family Court-cum-lll Additional[District][ Judge][ at]Vizianagaram, duly indexed as expeditiously as possible[preferably][ within][ a]period of two (02) weeks from the date of receipt of[a][ copy][ of][ this][ order.]There shall be no order as to costs.
As a sequel, miscellaneous petitions,if any pending[and][ the][ Interim]order granted earlier, if any, shall stand closecj.
SD/- N NAGAMMAASSISTANT REGISTRAR//TRUE COPY//SEdriCFfTOFFICER
To,
1. The Additional Family Court-cum-V Additional District[Judge][ at]VisakhapatnamVisakhapatnam
2. The Family Court-cum-lll Additional District Judge,[Vizianagaram.]
about373.Patchipala Padmavathi, W/o.Appalanarasimha Dasu, Agedyears,HinduR/o.D.No.17-13-54,PeddaVeedhi,JonnaguddiVizaianagaram Town and District.years,HinduR/o.D.No.17-13-54,PeddaVeedhi,JonnaguddiVizaianagaram Town and District.
4. Patchipala Appalanarasimha Dasu, S/o.Late Simhachalam,[Aged][ about]43years,Hindu,WorkingasEmployeeinBheemunipatnamMunicipality,R/o.NearNukalammaTemple,BheemunipatnamMunicipality, Visakhapatnam District.43years,Hindu,WorkingasEmployeeinBheemunipatnamMunicipality,R/o.NearNukalammaTemple,BheemunipatnamMunicipality, Visakhapatnam District.
5. One CC toSri. Saripalli Subrahmanyam Advocate [OPUC]
PR
6. Three CD Copies
vna
HIGH eOURT
DATED:31/12/2024
ORDER
TRCMP.No.391 of 2024
ALLOWING THE TRCMP
f16 JAN 2025 I^ . Current Section