Andhra Pradesh High Court - Amravati
Kandula Chandini vs Puta Aravind Kumar on 27 February, 2024
APHC010570912023
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
[ 3366
]
TUESDAY ,THE TWENTY SEVENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B SYAMSUNDER
TRANS. CIVIL MISC.PETITION NO: 326 OF 2023
Between:
KANDULA CHANDINI ...PETITIONER(S)
AND
PUTA ARAVIND KUMAR ...RESPONDENT(S)
The Court made the following:
I have heard learned counsel Mr.K.Prudhvi Raj representing on behalf of Mrs.K.Shilpa, learned counsel for the petitioner, as well as learned counsel for the respondent Mr.K.Ravi Kiran Kumar.
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.363 of 2023 from Principal Family Court, Vijayawada of Krishna District to Senior Civil Judge Court, Narsapur of West Godavari District on the ground that now she is residing in her parents' house at Narsapur along with minor child who born on 24.10.2021, where she lodged a report before SHO, Narsapur Police Station against the respondent for the offences punishable under Section 498-A r/w. Section 34 of IPC on 07.07.2022, and she also filed D.V.C.No.4 of 2022 and 2 BSS, J M.C.No.3 of 2023 on the file of Additional Judicial 1 st Class Magistrate-cum-Additional Junior Civil Judge Court, Narsapur, wherein she also filed an application for interim maintenance. The petitioner submits that minor child is suffering from ill health and respondent is not cooperating for better treatment of the child by providing blood samples due to that she filed Crl.M.P.No.2025/2023 in D.V.C.No.4 of 2022 for giving blood samples by respondent and same was allowed on 28.04.2023, but the said order was not obeyed by the respondent. It is also the contention of the petitioner that the respondent filed F.C.O.P.No.363 of 2023 on the file of the Family Court, Vijayawada, wherein she received summons. The petitioner submits that the respondent filed a petition seeking for divorce with false allegations by suppressing the true facts. The main contention of the petitioner is that she has to look after her minor child, who is suffering from ill-health due to that she is not in a position to travel a distance of 175 kms., from Narsapur Town to Vijayawada City to putforth her defence in a divorce petition filed by the respondent/husband. The petitioner also stated that in D.V.C.No.4 of 2022 and M.C.No.3 of 2023 the respondent is contesting the cases by engaging a counsel. She prays to allow the petition.
3. The learned counsel representing the petitioner would submit that now the petitioner is residing in her parents' house at Narsapur 3 BSS, J along with minor child who is suffering from ill health due to that she is not in a position to attend the Court at Vijayawada in a Divorce petition filed by her husband. He would further submit that the petitioner already filed D.V.C.No.4 of 2022 and M.C.No.3 of 2023 pending before the Courts at Narsapur, wherein the respondent engaged a counsel and contesting the case. He prays to allow the petition.
4. The learned counsel for the respondent would submit that the petitioner is practising as an Advocate at Narsapur Bar Association, due to that respondent is apprehending that he may not get proper justice in Divorce petition if it is transferred to Senior Civil Judge Court, Narsapur. He would further submit that the respondent is an employee and marriage also solemnized in a temple at Dwaraka Tirumala and thereafter both have resided at Vijayawada, due to that the respondent filed petition seeking divorce at Family Court, Vijayawada. He argued that if divorce petition filed by the respondent is transferred to Senior Civil Judge Court, Narsapur, it may not be disposed of and petitioner may drag on the case. He prays to dismiss the petition.
5. Admittedly, the marriage between the petitioner with respondent solemnized on 24.05.2019 in a function hall at Dwaraka 4 BSS, J Tirumala of West Godavari District as per Hindu Rites and Customs prevailing in their community. It is also not in dispute that the respondent is an employee who is residing at Vijayawada City of Krishna District where he filed petition under Section 13(1)(ia) of Hindu Marriage Act of F.C.O.P.No.363 of 2023 on the file of Additional Family Court, Vijayawada seeking for divorce. Whereas, the petitioner is now residing in her parents' house along with her minor child who born on 24.10.2021 who said to be suffering from ill-health. It is also not in dispute that the petitioner lodged a report before SHO, Narsapur Police Station against the respondent on 07.07.2022 who also filed D.V.C.No.4 of 2022 and M.C.No.3 of 2023 which are pending before Additional Judicial 1st Class Magistrate- cum-Additional Junior Civil Judge, Narsapur, wherein the respondent has to appear and putforth his defence if any. When other matrimonial proceedings are pending before Courts at Narsapur and when the petitioner is looking after her minor child aged about 2 ½ years certainly it would be difficult for her to travel from Narsapur Town to Vijayawada City to putforth her defence in a Divorce Petition filed by her husband before Additional Family Court, Vijayawada. Even simply because petitioner is practising as an Advocate, it is not just on the part of the respondent to apprehend that he may not get proper justice before the Courts at 5 BSS, J Narsapur, as civil cases will be decided by the Courts depending upon the evidence adduced by both sides not by looking into their profession. For the apprehension of respondent with regard to petitioner may drag on the divorce petition, this Court can direct Senior Civil Judge Court, Narsapur to dispose of divorce petition filed by the husband as expeditiously as possible, after transfer of the case to that Court.
6. In the result, petition is allowed. The F.C.O.P No.363 of 2023 on the file of Additional Family Court, Vijayawada, is hereby withdrawn and transferred to Senior Civil Judge Court, Narsapur, where there is no Family Court. The learned Judge, Additional Family Court, Vijayawada shall transmit the case records in F.C.O.P No.363 of 2023 to Senior Civil Judge Court, Narsapur. The learned Senior Civil Judge, Narsapur of West Godavari district shall dispose of the divorce petition filed by the respondent, as expeditiously as possible, within a period of one (01) year from the date of receipt of order of this Court in the present petition. The learned Senior Civil Judge, Narsapur, shall not insist physical presence of the respondent/husband for each and every adjournment, if he engages a counsel and he can insist his presence at the time of recording his evidence before the court. Both parties shall appear 6 BSS, J before Senior Civil Judge Court, Narsapur, on 13.03.2024 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: 27.02.2024 LSP 7 BSS, J 143 THE HON'BLE SRI JUSTICE BANDARU SYAMSUNDER TRANSFER CIVIL MISCELLANEOUS PETITION NO.326 OF 2023 Date: 27.02.2024 LSP