Andhra Pradesh High Court - Amravati
Dasari/Addanki Devika Satya vs Dasari Shyam Prasad on 2 December, 2024
APHC010500012023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3397]
(Special Original Jurisdiction)
MONDAY ,THE SECOND DAY OF DECEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA
KRISHNA RAO
TRANS. CIVIL MISC.PETITION NO: 283/2023
Between:
Dasari/addanki Devika Satya ...PETITIONER
AND
Dasari Shyam Prasad ...RESPONDENT
Counsel for the Petitioner:
1. PARIMI RAMA RAYUDU
Counsel for the Respondent:
1.
The Court made the following:
ORDER:
The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw F.C.O.P.No.1264 of 2023, on the file of the V Additional District Judge-cum-Family Court, Visakhapatnam, and transfer the same to the Court of Principal Senior Civil Judge, Kovvur, West Godavari District, for trial.
2. The case of the petitioner in brief is as follows:
I. The petitioner is none other than the wife of the respondent/husband and in view of the matrimonial disputes in between both the parties; the petitioner/wife has been residing separately along with her small child aged about 2 years at her parents' house, at Kovvur, West Godavari Judicial District. The petitioner/wife further pleaded that, she filed a Maintenance Case vide M.C.Sr.No.8272 of 2023 on the file of the II Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Kovvur, seeking monthly maintenance from the respondent/husband, she also filed Domestic Violence Case vide D.V.C.Sr.No.8273 of 2023 on the file of the II Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Kovvur, against the respondent/husband and the said two (2) cases are pending.
II. The petitioner/wife further pleaded that, to cause inconvenience to her, the respondent/husband filed F.C.O.P.No.1264 of 2023 on the file of the V Additional District Judge-cum-Family Court, Visakhapatnam, under Section 9 of Hindu Marriage Act, 1955, seeking restitution of conjugal rights. The petitioner/wife further contended that, the distance between Kovvur and Visakhapatnam is more than 200 Kms, she being a women depending upon her parents along with her small child aged about 2 years, it is very difficult for her to travel from Kovvur to Visakhapatnam to attend the Court proceedings on each and every adjournment without any male support, and that she sought transfer of F.C.O.P.No.1264 of 2023, on the file of the V Additional District Judge-cum-Family Court, Visakhapatnam, to the Court of Senior Civil Judge, Kovvur, West Godavari Judicial District.
3. Heard learned counsel for the petitioner.
4. Though the notice was served on the respondent. None appeared for the respondent.
5. Perused the material available on record.
6. The material on record primafacie goes to show that, the petitioner/wife instituted two (2) cases, against the respondent/husband and the said cases are pending before the competent Courts at Kovvur and the respondent/husband is attending the said two (2) cases at Kovvur. It is also a fact that the respondent/husband filed F.C.O.P.No.1264 of 2023, on the file of the V Additional District Judge-cum-Family Court, Visakhapatnam. The contention of the learned counsel for the petitioner is that, the petitioner/wife is staying along with her small child aged about 2 years at her parents; house at Kovvur, the distance between the Kovvur and Visakhapatnam is more than 200 kms, since the petitioner being a woman depending upon her parents along with her child, it is very difficult for her to travel from Kovvur to Visakhapatnam without any male support, and that she was constrained to file the present transfer petition.
7. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.SaravanaKarthikSha1 held as follows:
1
2022 LiveLaw (SC) 627 "9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio- economic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer."
8. On considering the submissions made by the learned counsel for the petitioner and in view of the ratio laid down in the aforesaid case law that in matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience of the husband. Therefore, this Court is of the considered view that there are justifiable grounds to consider the request of the petitioner/wife to withdraw the F.C.O.P.No.1264 of 2023, on the file of the V Additional District Judge-cum-Family Court, Visakhapatnam, and transfer the same to the Court of Senior Civil Judge, Kovvur, West Godavari Judicial District.
9. In the result, the Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.1264 of 2023, on the file of the V Additional District Judge-cum- Family Court, Visakhapatnam, is hereby withdrawn and transferred to the Court of Senior Civil Judge, Kovvur, West Godavari Judicial District. The learned V Additional District Judge-cum-Family Court, Visakhapatnam, shall transmit the case record in F.C.O.P.No.1264 of 2023 to the Court of Senior Civil Judge, Kovvur, West Godavari Judicial District, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed.
_______________________________ JUSTICE V.GOPALA KRISHNA RAO Date: 02.12.2024 CVD