Andhra Pradesh High Court
TRCMP/396/2022 of KAVURI AT PALLAPOLU NAGA LAKSHMI Vs PALLAPOLU ANJI REDDY on 29 December 2023
SRI JUSTICE BANDARU SYAMSUNDER TRANSFER CIVIL MISCELLANEOUS PETITION NO.396 OF 2022 ORDER: I have heard Mr.Sanjay Gandhi, learned counsel representing on behalf of Mr.V.Naga Paveen, learned counsel for the petitioner. There is no representation for respondent. 2. This is wife’s
THE HON’BLE SRI JUSTICE BANDARU SYAMSUNDER TRANSFER CIVIL MISCELLANEOUS PETITIONNO.396 OF 2022
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ORDER:
I have heard Mr.Sanjay Gandhi, learned counsel representing on behalf of Mr.V.Naga Paveen, learned counsel for the petitioner. There is no representation for respondent.
2. This is wife’s petition under Section 24 of Code of Civil Procedure (in short C.P.C), seeking transfer of H.M.O.P.No.74 of 2022 on the file of I Additional Senior Civil Judge Court, Nellore, S.P.S.R Nellore District to Senior Civil Judge Court, Chirala, Prakasam District, on the ground that now she is staying in her parents’ house at Chirala Town of Prakasam District along with her three minor children, where she lodged report against respondent for dowry harassment, whereas respondent filed H.M.O.P.No.74 of 2022 on the file of I Additional Senior Civil Judge Court, Nellore, seeking divorce with false grounds. The petitioner submits that she is having twins aged 3 years and female child aged 5 years, due to that it is difficult for her to travel from Chirala Town to Nellore Town to put forth her defence in divorce petition filed by her husband. She prays to allow the petition.
3. Admittedly, marriage between the petitioner and respondent solemnised on 09.06.2011 at Ongole Town at Prakasam District and thereafter they both lived at Vijayawada and then at Narasimhakonda of Nellore Rural Mandal.
4. It is also not in dispute that petitioner blessed with three children who are now in her care and custody, whereas respondent is said to be working as a lecturer in private college and petitioner is not having any avocation, who is said to be depending upon her parents for her livelihood.
5. After considering the fact that three minor children are under care and custody of the petitioner, certainly it would be difficult for her to travel from Chirala Town to Nellore Town to put forth her defence in a divorce petition filed by her husband. It is consistent view of Hon’ble Apex Court that in matrimonial proceedings the convenience of the wife to be considered than the inconvenience of the husband when wife is having minor children (vide ratio laid down by Hon’ble Apex Court in Sangeeta alias Shreya v. Prasant Vijay Wargiya[1].
6. In the result, Transfer Civil Miscellaneous Petition is allowed. H.M.O.P No.74 of 2022 on the file of I Additional Senior Civil Judge Court, Nellore, S.P.S.R Nellore District, is hereby withdrawn and transferred to Senior Civil Judge Court, Chirala, Prakasam District.
7. The learned I Additional Senior Civil Judge Court, Nellore, shall transmit the case records in H.M.O.P No.74 of 2022 to Senior Civil Judge Court, Chirala, Prakasam District, duly indexed, as expeditiously as possible, within a period of two (2) weeks from the date of receipt of order of this Court in the present petition.
8. Both parties shall appear before Senior Civil Judge Court, Chirala, Prakasam District on 22.01.2024 at 10.30 am. No order as to costs.
Consequently, miscellaneous petitions, if any, shall stand closed. The interim stay granted if any, shall stand vacated.
Date: 29.12.2023 JLV
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JUSTICE BANDARU SYAMSUNDER
137
THE HON’BLE SRI JUSTICE BANDARU SYAMSUNDER
TRANSFER CIVIL MISCELLANEOUS PETITION NO.396 OF 2022
Date: 29.12.2023
JLV