Andhra Pradesh High Court - Amravati
Smt. Bora Mohini Mokshagna vs Sri Srirangam Siva Narayana on 1 December, 2023
THE HON'BLE SRI JUSTICE BANDARU SYAMSUNDER
TRANSFER CIVIL MISCELLANEOUS PETITION
NO.395 OF 2022
ORDER:
I have heard Mr.A.Kishore Kumar, learned counsel for the petitioner. None appeared for respondent.
2. This is wife's petition under Section 24 of Code of Civil Procedure (in short C.P.C), seeking transfer of F.C.O.P.No.493 of 2020 on the file of Additional Family Court, Visakhapatnam to Senior Civil Judge Court, Sompeta in Srikakulam District, on the ground that now she is residing in her parents' house in a village of Itchapuram Mandal, Srikakulam District along with her child aged 3 years. The petitioner submits that her parents' village is at a distance of 15 Kms from Itchapuram and to attend the Court at Visakhapatnam she has to travel to Itchapuram and she has to catch train to Visakhapatnam which is 500 Kms to and fro and there are no morning trains to reach Visakhapatnam by 10.00 a.m., due to that she has to start on the previous night to reach Visakhapatnam. It is the contention of the petitioner that she is working in Anganwadi, due to that it is difficult for her to attend the Court at Visakhapatnam leaving her child aged 3 years. She prays to allow the petition.
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3. A perusal of record which shows that marriage of the petitioner with respondent solemnized on 29.06.2018 in a temple at Annavaram. Thereafter, petitioner blessed with a female child on 21.03.2019, now aged 3 years. The contents of copy of F.C.O.P.No.493 of 2020 also support the contention of the petitioner that she has child born on 21.03.2019 aged 16 months on the date of filing of the petition by the respondent under Section 9 of Hindu Marriage Act for restitution of conjugal rights before Family Court, Visakhapatnam. It is consistent view of Hon'ble Apex Court that in matrimonial proceedings the convenience of the wife is to be considered than the inconvenience of the husband that to when wife is having a child aged 3 years. In the present case, admittedly, petitioner is having a child now aged 3 years and she is said to be working in Anganwadi, due to that certainly it would be difficult for her to travel from her parents' village in Srikakulam District to Visakhapatnam city to put forth her defence in a petition filed by her husband for restitution of conjugal rights. The respondent is said to be employee having source of income able to meet travel and litigation expenses if the request of the petitioner is considered to transfer the case. There are grounds to transfer F.C.O.P.No.493 of 2020 on the file of Additional Family Court, 3 BSS, J Tr.C.M.P.No.395 of 2022 Visakhapatnam to Senior Civil Judge Court, Sompeta, Srikakulam District where there is no Family Court.
4. In the result, Transfer Civil Miscellaneous Petition is allowed. F.C.O.P.No.493 of 2020 on the file of Additional Family Court, Visakhapatnam, is hereby withdrawn and transferred to Senior Civil Judge Court, Sompeta, Srikakulam District.
5. The learned Judge, Additional Family Court, Visakhapatnam, shall transmit the case records in F.C.O.P.No.493 of 2020 to Senior Civil Judge Court, Sompet, Srikakulam District, duly indexed, as expeditiously as possible, within a period of two (2) weeks from the date of receipt of order of this Court in the present petition.
6. Both parties shall appear before Senior Civil Judge Court, Sompet, Srikakulam District, on 05.01.2024 at 10.30 am. No order as to costs.
Consequently, miscellaneous petitions, if any, shall stand closed. The interim stay granted if any, shall stand vacated.
____________________________________ JUSTICE BANDARU SYAMSUNDER Date: 01.12.2023 JLV 4 BSS, J Tr.C.M.P.No.395 of 2022 117 THE HON'BLE SRI JUSTICE BANDARU SYAMSUNDER TRANSFER CIVIL MISCELLANEOUS PETITION NO.395 OF 2022 Date: 01.12.2023 JLV