Andhra Pradesh High Court - Amravati
Velavalapalli Jaya Naga Durga ... vs Velavalapalli Venkata Subbarao on 30 January, 2024
1
THE HON'BLE SRI JUSTICE BANDARU SYAMSUNDER
TRANSFER CIVIL MISCELLANEOUS PETITION
No.270 of 2023
ORDER:
I have heard learned counsel for petitioner, Mr.Saraschandra Babu Jakkamsetty as well as learned counsel for 1st respondent - Mr.Musudi Babji. None appeared for 2nd respondent though served with notice.
2. This is wife's petition under Section 24 of Code of Civil Procedure (in short, 'CPC'), seeking transfer of F.C.O.P. No.2243 of 2022 from Family Court - cum- V Additional District Court, Visakhapatnam, to Senior Civil Judge Court, Narsapur of West Godavari District, on the ground that now she is residing in her parents village of Pithanimeraka H/o.Yarramsetti Vari Palem Village, Narasapuram Mandal, West Godavari District, whereas respondent filed F.C.O.P. No.2243 of 2022 before the Family Court, Visakhapatnam, seeking divorce with false grounds. The petitioner submits that she already filed M.C. No.3 of 2022 on the file of Judicial First Class Magistrate, Narsapur and also lodged a report 2 before the SHO, Narsapur Rural PS, against respondent for the offences punishable under Sections 498(A), 365, 354(A), 354(C), 313, 323, 506(2) r/w 34 IPC and under Sections 3 and 4 of Dowry Prohibition Act. Therein, SHO after due investigation filed charge sheet before Principal Junior Civil Judge - cum - Judicial Magistrate of First Class, Narasapur, against 1st respondent and others, wherein 1st respondent is appearing before the Courts at Narsapur. The main contention of the petitioner is that the distance between her parents village to Visakhapatnam is about 500 Kms, she has no source of income to bear travel and other expenses, whereas 1st respondent is appearing before the Courts at Narsapur in two cases filed by her. She prays to allow the petition.
3. Learned counsel for the petitioner would submit that now the petitioner is residing in her parents house in a village in Narsapur Mandal, where she already filed M.C. and lodged FIR against 1st respondent and others prior to filing of divorce petition by 1st respondent before Family Court, Visakhapatnam. He would further submit that petitioner has no source of income to bear travel 3 and other expenses to put forth her defence in a divorce petition filed by husband. He prays to allow the petition.
4. The learned counsel for 1st respondent would submit that though 1st respondent is attending Courts at Narsapur, he is having threat to his life if the request of the petitioner to transfer F.C.O.P. No.2243 of 2022 from Family Court, Visakhapatnam, to Senior Civil Judge Court, Narsapur, is considered. He would further submit that it is convenient for both parties to transfer divorce petition filed by the 1st respondent to Family Court, Rajamahendravaram. He prays to dismiss the petition.
5. Admittedly, marriage between the petitioner and the respondent solemnized on 19.10.2013 at Narsapur of West Godavari District, as per Hindu Rites and Customs prevailing in their community. After the marriage, petitioner said to be joined with 1st respondent at Visakhapatnam and blessed with two male children, who are now under care and custody of 1st respondent. The petitioner lodged report against 1st respondent on 23.06.2022 before SHO, Rural PS, Narsapur and she already filed M.C. No.3 of 2022 on the file of Judicial Magistrate of First Class, Narsapur, on 4 04.05.2022. Whereas, 1st respondent filed petition seeking for divorce in F.C.O.P. No.2243 of 2022 on the file of Family Court, Visakhapatnam, on 10.10.2022, by showing the cause of action for filing the petition on the ground that both have lastly resided at Visakhapatnam. In M.C. No.3 of 2021, 1st respondent already made his appearance and filed counter by engaging a counsel, which itself shows that 1st respondent is appearing before the Courts at Narsapur. Two cases are pending before the Courts at Narsapur, where the petitioner is residing and marriage between the parties is also taken place at Narsapur of West Godavari District.
6. After considering the facts and circumstances of the case and 1st respondent has to appear before the Courts at Narsapur, it may not be difficult for him to appear before Senior Civil Judge Court, Narsapur, if the request of the petitioner to transfer F.C.O.P. No.2243 of 2022 from Family Court to Senior Civil Judge Court, Narsapur, is considered where there is no Family Court. The respondent having appeared before the Courts at Narsapuram, now, cannot plead that he is having threat to his life in the hands of petitioner and 2nd respondent and divorce petition filed by 5 1st respondent cannot be transferred to Family Court, Rajamahendravaram, as it is inconvenient to both sides. There are grounds to consider the request of the petitioner to transfer F.C.O.P. No.2243 of 2022 from Family Court - cum - V Additional District Judge, Visakhapatnam, to Senior Civil Judge Court, Narsapur of West Godavari District, where there is no Family Court.
7. In the result, this petition is allowed and F.C.O.P. No.2243 of 2022 on the file of Family Court - cum- V Additional District Judge, Visakhapatnam, is hereby withdrawn and transferred to Senior Civil Judge Court, Narsapur of West Godavari District. The learned Judge, Family Court, Visakhapatnam, shall transmit the case records in F.C.O.P. No.2243 of 2022 to Senior Civil Judge Court, Narsapur of West Godavari District, duly indexed as expeditiously as possible within a period of two weeks from the date of receipt of order of this Court in the present petition. Both parties shall appear before Senior Civil Judge Court, Narsapur, on 27.02.2024 at 10.30 a.m. The learned Senior Civil Judge, Narsapur, shall not insist physical presence of 1st respondent for each and every adjournment if he engages a counsel. He can insist his presence as and when required 6 or at the time of recording his evidence before the Court. No order as to costs. Interim stay if any, granted shall stand vacated.
Consequently, miscellaneous petitions, if any, shall stand closed.
___________________________ BANDARU SYAMSUNDER, J 30.01.2024 SS