Andhra Pradesh High Court - Amravati
Kalluri Medhasri Mrunalini vs Kallakuri Nagadurga Ravi Teja on 17 August, 2022
Author: Battu Devanand
Bench: Battu Devanand
1
THE HON'BLE SRI JUSTICE BATTU DEVANAND
Tr.C.M.P.NO.194 of 2022
O R D E R:
This Transfer Civil Miscellaneous Petition has been filed to withdraw HMOP No.61 of 2022 from the Court of the Senior Civil Judge, Nuzvid, Krishna District, and transfer the same to the file of the Judge, Family Court, Guntur, Guntur District.
2) Heard learned counsel for the petitioner and the learned counsel for the respondent and perused the record.
3) Learned counsel for the petitioner submits that the petitioner is wife and the respondent is husband and their marriage was performed on 08-01-2015 at Majetiram Kalyana Mandapam, BSNL Telecome Office, Guntur. Unable to bear the harassment in the hands of the respondent and his family members, the petitioner lodged a police complaint in Cr.No.304 of 2021 for the offences punishable under Sections 498-A and 509 IPC and Sections 3 and 4 of the DP Act, which was registered as C.C.No.1239 of 2022 on the file of the Prohibition and Excise, Guntur. Thereafter, she filed FCOP (MC) No.715 of 2021 on the file of the Judge, Family Court at Guntur District, seeking maintenance. She also filed DVC No.--of 2022 before 2 the Domestic Violence Protection Officer, Guntur, under Domestic Act, 2005.
4) Learned counsel for the petitioner further submits that the respondent filed HMOP No.61 of 2022 before the Senior Civil Judge, Nuzvid, Krishna District, for grant of divorce. The petitioner is residing at Guntur, Guntur District. Being a woman, it is very difficult for her to attend the Court at Nuzvid, Krishna District, on every date of adjournment without any male assistance. Apart from that, she has no financial capacity to bear the expenses to travel to Nuzvid, Krishna District. Therefore, the petitioner prays to withdraw the said HMOP No.61 of 2022 on the file of the Senior Civil Judge, Nuzvid, Krishna District, and transfer the same to the Judge, Family Court, Guntur, Guntur District.
5) Having heard the submissions of the respective counsel and upon perusing the material available on record, it is clear that the petitioner is residing at Guntur, whereas the respondent is residing at Nuzividu, Krishna District. The learned counsel for the respondent vehemently opposed for transfer of HMOP No.61 of 2022 to the Court of the Judge, Family Court, Guntur, on the ground that there is a threat to the respondent from the family members of the petitioner at 3 Guntur. In view of the facts and circumstances of the case, since C.C.No.1239 of 2022, FCOP (MC) No.715 of 2021 and DVC filed by the petitioner are pending in different Courts at Guntur and as already the respondent is attending the said Courts at Guntur, in the considered opinion of this Court, it is appropriate to transfer HMOP No.61 of 2022 to the Court of the Judge, Family Court at Guntur, Guntur District.
6) In Rajani Kishor Pardeshi v Kishor Babulal Pardeshi1, the Hon'ble Apex Court held that while going into the merits of a transfer application, the Courts are required to give more weight and consideration to the convenience of the female litigants, and the Courts should desist from putting female litigants under undue hardships. Therefore, the convenience of the wife is to be preferred over the convenience of the husband.
7) Accordingly, this Transfer Civil Miscellaneous Petition is allowed and the HMOP No.61 of 2022 on the file of the Senior Civil Judge, Nuzvid, Krishna District, is hereby withdrawn and transferred to the Court of the Judge, Family Court at Guntur, Guntur District. The learned Senior Civil Judge, Nuzvid, Krishna District, shall transmit the entire record 1 2005(12) SCC 237 4 in HMOP No.61 of 2022 pending on his file to the Court of the Judge, Family Court at Guntur, Guntur District, forthwith, by duly indexed.
8) There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any, pending in this petition shall stand closed.
______________________ JUSTICE BATTU DEVANAND Dt. 17.08.2022.
Note: Issue CC in two days.
B/o eha 5 6 THE HON'BLE SRI JUSTICE BATTU DEVANAND Tr.C.M.P.No.194 of 2022 Dt. 17.08.2022 eha 7 since C.C.No.1239 of 2022, FCOP (MC) No.715 of 2021 and DVC filed by the petitioner is pending for consideration before the Courts at Guntur. The Petitioner is residing at Guntur. Being a woman, the petitioner cannot travel from Guntur to Nuzvid, Krishna District, on every date of adjournment without any male assistance. If the HMOP No.61 of 2022 filed by the respondent is transferred to the Court of the Judge, Family Court, Vijayawada, no injustice would be caused to the respondent since C.C.No.1239 of 2022, FCOP (MC) No.715 of 2021 and DVC filed by the petitioner is pending at Guntur, and the respondent has to attend the Courts at Guntur. Therefore, this Court is of the opinion that this is a fit case to transfer HMOP No.61 of 2022 on the file of the Senior Civil Judge, Nuzvid, Krishna District, to the Court of the Judge, Family Court, Guntur, Guntur District, in the interest of justice.
7) Accordingly, this Transfer Civil Miscellaneous Petition is allowed and the HMOP No.61 of 2022 on the file of the Senior Civil Judge, Nuzvid, Krishna District, is hereby withdrawn and transferred to the Court of the Judge, Family Court, Guntur, Guntur District. The learned Senior Civil Judge, Nuzvid, Krishna District, shall transmit the entire record in 8 HMOP No.16 of 2022 pending on his file to the Court of the Judge, Family Court, Guntur, Guntur District, forthwith, by duly indexed.