TRCMP/279/2018 of P.Syamla Devi Vs P.Sashikanth Kumar on 31 December 2020

ORDER:

HON’BLE SRI JUSTICE M. VENKATA RAMANA

TRANSFER C.M.P.No.279 OF 2018

This Transfer petition is filed requesting to withdraw O.P.No.12 of 2017 now pending on the file of the Family Court, Ongole and transfer the same to the file of Family Court, at Guntur, under Section 24 of Code of Civil Procedure.

2. The petitioner is the wife of the respondent. Their marriage was celebrated on 01.08.2012 as per applicable rites and customs at Ongole. For certain reasons, both of them are living separately, which are not relevant for the present purpose. The petitioner is residing at Guntur. Whereas, the respondent is residing at Addanki of Prakasam District.

3. The respondent instituted O.P.No.12 of 2017 for divorce against the petitioner. Now, the contention of the petitioner is that she did not have male support to attend the Court at Ongole on every date of hearing along with her child and she has referred to distance of 110 kilometres in between Guntur and Ongole, in this respect. She also pointed out the financial difficulties to attend the Court at Ongole.

4. Another reason assigned in this process by the petitioner is that she has filed M.C.No.236 of 2015 under Section 125 Cr.P.C. for award of maintenance to her and their minor daughter against the respondent on the file of the Family Court, Guntur. She has also referred to a D.V.C. case filed by her against the respondent, which is now stated to be pending in one of the Courts at Guntur. It is also the contention of the petitioner that the respondent has to attend the courts at Guntur for the purpose of above cases and therefore, if the divorce petition pending at Ongole is transferred to Guntur, she would not suffer any inconvenience or prejudice.

5. The respondent has not appeared in this matter through his advocate this day. Upon hearing Sri G.L.Nageswara Rao, learned counsel for the petitioner, it is being disposed of now.

6. The reasons assigned by the petitioner are not in any manner controverted by the respondent. He has to attend the Courts at Guntur in respect of other cases pending against him. Whereas, the petitioner has to attend the Court at Ongole only for the purpose of divorce petition. Being a woman and having a girl child as contended by her, it would be rather difficult and inconvenient for her to attend the Court at Ongole. Thus, on a consideration of balance of convenience, it is clear that leans more in favour of the petitioner than the respondent. Viewed from such prospective, the request of the petitioner has to be accepted.

7. In the result, this Transfer Petition is allowed. O.P.No.12 of 2017 now pending on the file of the Family Court, Ongole, is directed to be withdrawn and is transferred on to the file of the Family Court, Guntur, for disposal in accordance with law. No costs. All pending petitions, stand closed.

Dt:31.12.2020 Rns

____________________

M. VENKATA RAMANA, J

Rns

MVR,J

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HON’BLE SRI JUSTICE M. VENKATA RAMANA

TRANSFER C.M.P.No.279 of 2018

Date:31.12.2020