Andhra Pradesh High Court - Amravati
Pappula Sita vs Pappula Srinivasu Reddy on 1 February, 2022
Author: M. Ganga Rao
Bench: M. Ganga Rao
HONOURABLE SRI JUSTICE M. GANGA RAO
Tr.C.M.P. Nos.99 of 2021 and 104 of 2021
ORDER:
The petitioner who is the legally wedded wife of the Respondent filed these petitions under the provisions of Section 24 C.P.C. seeking to withdraw and transfer G.W.O.P.No.195 of 2021 on the file of the Principal District Judge, Guntur to the Judge, Family Court, Nellore and to withdraw and transfer H.M.O.P.No.127 of 2021 on the file of the Senior Civil Judge, Mangalagiri, Guntur District to the Family Court, Nellore, SPSR Nellore District.
2. The petitioner's marriage was solemnized on 01.06.2005 with the respondent at Ponnekallu village, Guntur District as per Hindu Rites and Customs prevailing in their community. Thereafter, they lived happily together and were blessed with two children viz., Amar Charan Reddy and Akul. The respondent is a Graduate in B.Sc and he was employed at the time of marriage as Chemist in Hetero Drugs in Hyderabad. They lived together for some time in Hyderabad and later in Benguluru. The respondent left the job at Benguluru and reached Guntur without any intimation to the petitioner, leaving the petitioner and the children at Benguluru. It is further alleged that because of the harassment meted out to the petitioner by the respondent and his family members, she is separately residing at Nellore along with her children and constrained to file a criminal case against the respondent which is registered as Cr.No.1138 of 2020 of Vedayapalem Police Station, Nellore under Section 498-A IPC. Further, the petitioner along with her children filed a maintenance case against the respondent in F.C.O.P.No.19 of 2021 on the file of the Family Court Judge, Nellore and also filed Divorce case in 2 MGR, J Tr.CMP.Nos.99 & 104 of 2021 F.C.O.P.No.92 of 2021 on the file of Family Court Judge, Nellore and the same are pending. Their children are aged now 14 years and 6 years respectively and they are with the petitioner. Now, the respondent filed G.W.O.P.No.195 of 2021 before the Principal District Judge at Guntur under Section 10 and 25 of the Guardian & Wards Act, 1890 to grant custody of the children and to appoint him as Guardian under the provisions of the Guardian and Wards Act. He also filed H.M.O.P.No.127 of 2021 before the Senior Civil Judge, Mangalagiri under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights.
3. The Respondent husband filed counter denying the averments of the transfer petitions. He filed G.W.O.P.No.195 of 2021 before the District Judge, Guntur and also filed H.M.O.P.No.127 of 2021 before the Senior Civil Judge, Mangalagiri, Guntur District. Both the cases are pending for adjudication and states that these transfer petitions filed by the petitioner are not maintainable. There are no valid and tenable reasons to transfer G.W.O.P.No.195 of 2021 and H.M.O.P.No.127 of 2021 to Nellore.
4. Having considered the facts and circumstances, submissions of the learned counsel and perused the record, this Court found that both the petitioner and respondent are living separately from 2019- 2021. It is an admitted fact that both the children i.e., Amar Charan Reddy and Akul are residing with their mother and the petitioner is residing at Nellore town. The petitioner is not receiving any maintenance from the respondent and F.C.O.P.No.19 of 2021 filed by her seeking maintenance is pending before the Family Court Judge, Nellore and F.C.O.P.No.92 of 2021 filed by her for divorce is also 3 MGR, J Tr.CMP.Nos.99 & 104 of 2021 pending before the same court. The respondent has been attending both the cases before the Judge, Family Court, Nellore. Both of them have stated that there is threat from each other. The Apex Court in Archana Singh Vs. Surendera Bahadur Singh1, Sumith Singh Vs. Kumar Sanjay and another2, Anamika Khanna Vs. Annamneedi Raja Sekhar3, held that in matrimonial matters, the Court has to look into the convenience of the wife when the petitions are filed by the husband generally in the event of transfer of cases to wife's place, the respondent would not feel any inconvenience and difficulty in attending the Court. This Court felt that it is inconvenient to the petitioner to travel from Nellore to Guntur alone along with her children and it is expensive and after attending the court, she cannot reach her residence by night. Whereas the respondent can attend the Court at Nellore and both the places are well connected by train and bus and he can return back to his residence safely. But the petitioner along with her children has to encounter several difficulties in attending the Court at Guntur and Mangalagiri, Guntur District, as the distance between Nellore and Guntur and Mangalagiri is about 243 KMs and 268 KMs respectively and to reach Mangalagiri, she has to get down at Vijayawada and it is also expensive and after attending the court, she cannot able to reach her residence by night. This Court, in the interest of justice and to get the matter settled amicably by giving fair opportunity to the petitioner, felt it appropriate to withdraw G.W.O.P.No.195 of 2021 on the file of Principal District Judge, Guntur and H.M.O.P.No.127 of 2021 on the file of Senior Civil Judge, Mangalagiri, Guntur District and transfer the same to the Judge, Family Court, Nellore, SPSR Nellore District to be tried along 1 (2005) 12 SCC 395 2 (2001 ) 10 SCC 41 3 2010 (2) ALT 669 4 MGR, J Tr.CMP.Nos.99 & 104 of 2021 with F.C.O.P.No.19 of 2021 and F.C.O.P.No.92 of 2021 and the transferor court is directed to send the record to the transferee court to dispose of the same.
5. Accordingly, the Transfer CMPs are allowed. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
________________
M. GANGA RAO, J
Date: .02.2022
CSR
5 MGR, J
Tr.CMP.Nos.99 & 104 of 2021
HON'BLE SRI JUSTICE M. GANGA RAO, J
Tr.CMP.Nos.99 and 104 OF 2021
DT: .02.2O22
CSR