Andhra Pradesh High Court - Amravati
P Venkata Supraja vs P Prasanna Kumar on 18 July, 2022
Author: Battu Devanand
Bench: Battu Devanand
1
THE HON'BLE SRI JUSTICE BATTU DEVANAND
Tr.C.M.P.NO.54 of 2019
O R D E R:
This Transfer Civil Miscellaneous Petition has been filed to withdraw the H.M.O.P.No.87 of 2018 from the file of the Court of learned Senior Civil Judge, Addanki, Prakasam District and transfer the same to the file of the learned Senior Civil Judge's Court, Kavali, SPSR Nellore District.
2) Heard the learned counsel for the petitioner and the learned counsel for the Respondent.
3) The learned counsel for the petitioner submits that the petitioner is wife and the respondent is husband. The respondent herein filed H.M.O.P. 87 of 2018 on the file of the learned Senior Civil Judge's Court, Addanki, Prakasam District seeking for dissolution of marriage solemnized between the petitioner and the respondent by a decree of divorce on the ground of cruelty.
4) The learned counsel for the petitioner further submits that the petitioner along with her son is residing at her parents' house at Kavali and they are depending upon their parents. She has to attend the case in H.M.O.P at Addanki for each and every adjournment. Being a woman, it is difficult to her for attending the Court at Addanki. Apart from that, she has no financial capacity to bear the expenses to travel from Addanki to Kavali. 2 The petitioner further submits that she filed M.C.No.5 of 2017 on the file of the learned Additional Judicial Magistrate's Court, Kavali which was disposed on 24.07.2018. Therefore, the petitioner prays to withdraw the H.M.O.P No.87 of 2018 from the Court of the learned Senior Civil Judge, Addanki, Prakasam District and transfer the same to the file of the learned Senior Civil Judge's Court, Kavali, SPSR Nellore District, in the interest of justice.
5) The learned counsel for the Respondent represented that he has no objection to transfer the H.M.O.P.No.87 of 2018 from the file of the learned Senior Civil Judge's Court, Addanki, Prakasam District to the file of the learned Senior Civil Judge's Court, Kavali, SPSR Nellore District.
6) Having heard the submissions of the respective learned counsels, upon perusing the material available on record and as the learned counsel for the respondent reported no objection to transfer the H.M.O.P, this Court is of the opinion that this is a fit case to transfer the said H.M.O.P from the Court of the learned Senior Civil Judge, Addanki, Prakasam District to Court of the learned Senior Civil Judge, Kavali, SPSR Nellore District, in the interest of justice.
7) In Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi1, the Hon'ble Apex Court held that while going into the 1 2005 (12) SCC 237 3 merits of a transfer application, Courts are required to give more weightage 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. The H.M.O.P No.87 of 2018 on the file of the learned Senior Civil Judge's Court, Addanki, Prakasam District is hereby withdrawn and transfers the same to the file of the learned Senior Civil Judge's Court, Kavali, SPSR Nellore District. The learned Senior Civil Judge, Addanki, Prakasam District, shall transmit the entire record in H.M.O.P No.87 of 2018 pending on its file to the Court of the learned Senior Civil Judge, Kavali, SPSR Nellore District, forthwith, by duly indexed.
10) 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.018.07.2022.
Note: Issue CC by 20.07.2022 B/o MP 4 254 THE HON'BLE SRI JUSTICE BATTU DEVANAND Tr.C.M.P.No.54 of 2019 Dt.18.07.2022 MP 5