Andhra Pradesh High Court - Amravati
Addanki Swetha Bindu vs Addanki Vinay Kumar on 26 September, 2022
Author: Battu Devanand
Bench: Battu Devanand
1
THE HON'BLE SRI JUSTICE BATTU DEVANAND
Tr.C.M.P.No.230 of 2022
O R D E R:
This Transfer Civil Miscellaneous Petition has been filed to withdraw HMOP No.149 of 2020 from the Court of the Senior Civil Judge, Gurazala and transfer the same to the Court of Senior Civil Judge, Chirala.
2) Heard learned counsel for the petitioner; 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. Due to disputes between them, the respondent filed H.M.O.P.No.149 of 2020 on the file of the Court of the Senior Civil Judge, Gurazala.
5) Learned counsel for the petitioner further submits that, the petitioner is residing at Chirala along with her child. Being a woman, it is very difficult for her to attend the Court 2 at Gurazala on every date of adjournment, without any male assistance, as the distance between Chirala and Gurazala is more than 150 KMs. Apart from that, she has no financial capacity to bear the expenses to travel. Therefore, the petitioner prays to withdraw HMOP No.149 of 2020 on the file of Senior Civil Judge, Gurazala, and transfer the same to the Court of the Senior Civil Judge, Chirala, in the interest of justice.
6) Having heard the submissions of the learned counsel for the petitioner and learned counsel for the respondent and upon perusing the material available on record, it appears that HMOP No.149 of 2020 is pending on the file of Senior Civil Judge, Gurazala. Admittedly, the petitioner is residing at Chirala. Being a woman, the petitioner cannot travel from Chirala to Gurazala on every date of adjournment, without any male assistance, as the distance between Chirala and Gurazala is more than 3 150 KMs. If H.M.O.P No.149 of 2020 filed by the respondent is transferred to the Court of Senior Civil Judge, Chirala, no prejudice would be caused to the respondent. Therefore, this Court is of the opinion that this is a fit case to transfer H.M.O.P No.149 of 2020 to the court of the Senior Civil Judge, Chirala, in the interest of justice.
7) In Rajani Kishor Pardeshi v Kishor Babulal Pardeshi 1 , 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.
8) Accordingly, this Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P No.149 of 2020 on the 1 2005(12) SCC 237 4 file of Senior Civil Judge, Gurazala, is hereby withdrawn and transferred to the Court of the Senior Civil Judge, Chirala. The learned Senior Civil Judge, Gurazala, shall transmit the entire record in H.M.O.P No.149 of 2020 pending on its file to the Court of the Senior Civil Judge, Chirala, forthwith, by duly indexed.
9) 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.26.09.2022.
SP 5 THE HON'BLE SRI JUSTICE BATTU DEVANAND Tr.C.M.P.No.230 of 2022 Dt.26.09.2022 SP