Andhra Pradesh High Court - Amravati
Bonthu Mounitha Sri vs Jalli Vijithanand on 8 August, 2019
Author: T. Rajani
Bench: T. Rajani
SMT JUSTICE T.RAJANI TRANSFER CIVIL MISCELLANEOUS PETITION No.853 of 2018 ORDER:
This Transfer Civil Miscellaneous Petition is filed by the wife seeking to withdraw IDOP No.890 of 2018 from the file of the court of the Principal District Judge, Guntur, Guntur District, to the file of the court of the Principal District Judge, West Godavari District at Eluru to be tried along with IDOP No.424 of 2018.
2. Heard Sri Rolla Madhavi, counsel for the petitioner, and Sri N.Srihari, counsel for the respondent.
3. The grounds, on which the petition is filed, are that the respondent by producing a collusive Marriage Certificate under the Christian Marriage Act and some Morphing photos contended that their marriage was performed on03.04.2018 at Guntur, for which the petitioner has made a complaint which was registered as a case in Crime No.111 of 2018 for the offence under Sections 354-C, 354-D, 366 and 506 IPC. The respondent filed IDOP No.424 of 2018 on the file of the court of Principal District Judge, West Godavari at Eluru against the respondent under Sections 18 and 19 of the Act. The petitioner is now residing at her parents' house at West Godavari District.
4. It is the case of the petitioner that she is not in a position to travel from West Godavari District to Guntur District without the assistance of male members of the family.
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5. The counsel for the respondent seeks to dispense with the presence of the respondent before the Court of Senior Civil Judge, Pithapuram, East Godavari District, on each and every date fo adjournment.
6. Considering the submissions of the counsel for the petitioner, which are reiteration of the grounds mentioned in the petition, and also by considering the judgment in RAJANI KISHORE PARDESHI V. KISHORE BABULAL PARADESHI1, wherein the Apex Court observed that the convenience of the wife is to be preferred over the convenience of the husband., the Transfer CMP is allowed and IDOP No.890 of 2018 from the file of the court of the Principal District Judge, Guntur, Guntur District, is withdrawn and transferred to the court of the Principal District Judge, West Godavari District at Eluru to be tried along with IDOP No.424 of 2018. The presence of the respondent before the transferee court is dispensed with, unless his presence is specifically required for the proceedings of the case.
7. With the above observations, the Civil Revision Petition is dismissed. As a sequel, the miscellaneous applications pending, if any, shall stand closed.
______________ T. RAJANI, J August 8, 2019 LMV 1 (2005) 12 SCC 237 3 SMT JUSTICE T.RAJANI 1 TRANSFER CIVIL MISCELLANEOUS PETITION No.853 of 2018 August 8, 2019 LMV