Andhra Pradesh High Court - Amravati
Dasari Vanditha vs Dr. Manam Muni Venkata Mouli Teja on 5 September, 2022
Author: Battu Devanand
Bench: Battu Devanand
1
THE HON'BLE SRI JUSTICE BATTU DEVANAND
Tr.C.M.P.No.215 of 2022
O R D E R:
This Transfer Civil Miscellaneous Petition has been filed to withdraw and transfer the FCOP.No.18 of 2021 on the file of the VI Additional District Judge-cum-Family Judge, Kadapa to the Senior Civil Judge, Kavali, SPSR Nellore District.
2) Heard Sri A.V.V.S.N. Murthy, learned counsel for the petitioner and Sri G.V.S. Kishore Kumar, learned counsel for the Respondent. Perused the record.
3) The learned counsel for the petitioner submits that the petitioner is wife and the respondent is husband. Their marriage was solemnized on 12.10.2018. Thereafter, due to some disputes, the respondent filed FCOP.No.18 of 2021 on the file of the VI Additional District Judge-cum- Family Judge, Kadapa, for divorce. While so, the petitioner 2 filed H.M.O.P.No.98 of 2021 on the file of the Senior Civil Judge, Kavali, for restitution of conjugal rights.
4) The learned counsel for the petitioner further submits that now the petitioner is a trainee in Dental Hospital, Kavali. She being a trainee in Dental Hospital, it is become very difficult to set leave every time to go to Kadapa from Kavali to attend the case filed by the respondent. Therefore, the petitioner prays to allow the Transfer Civil Miscellaneous Petition.
5) During the course of hearing, both the counsel agreed to transfer the FCOP No.18 of 2021 on the file of the VI Addl. District Judge-cum-Family Judge, Kadapa to the Court of the Judge, Family Court, Vijayawada.
6) Having heard the submissions of both the learned counsel, upon perusal of the material available on record and in view of the consent given by both the parties, it is a fit case to transfer the FCOP No.18 of 2021 on the file of the VI 3 Addl. District Judge-cum-Family Judge, Kadapa to the Court of the Judge, Family Court, Vijayawada.
7) In Rajani Kishor Pardeshi v Kishor Babulal Pardeshi1, the Hon'ble Apex Court held that while going into the merits of a transfer application, Courts are required to give more weights 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 and the FCOP No.18 of 2021 on the file of the VI Addl. District Judge-cum-Family Judge, Kadapa, is hereby withdrawn and transferred to the file of the Judge, Family Court, Vijayawada. The learned VI Addl. District Judge-cum-Family Judge, Kadapa, shall transmit the entire 1 2005(12) SCC 237 4 record in FCOP No.18 of 2021, pending on its file to the Judge, Family Court, Vijayawada, forthwith, by duly indexed.
9) There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any pending, shall stand closed.
______________________ JUSTICE BATTU DEVANAND Dt.05.09.2022.
PGR 5 THE HON'BLE SRI JUSTICE BATTU DEVANAND Tr.C.M.P.No.215 of 2022 Dt.05.09.2022 PGR