Andhra Pradesh High Court - Amravati
Yerramsetti Kalyani vs Yerramsetti Satish Babu on 12 August, 2022
Author: Battu Devanand
Bench: Battu Devanand
1
THE HON'BLE SRI JUSTICE BATTU DEVANAND
Tr.C.M.P.NO.203 of 2021
O R D E R:
This Transfer Civil Miscellaneous Petition has been filed to withdraw and transfer the divorce O.P. ie., F.C.O.P.No.88 of 2020 on the file of the Family Judge's Court, Rajahmundry, East Godavari District to the Senior Civil Judge's Court, Narasapuram, West Godavari District.
2) Heard Sri P.Ranga Rao, learned counsel for the petitioner. Perused the record.
3) In compliance of the order, dated 02.02.2022 of this Court, personal notice was issued to the counsel for the respondent who appeared before the trial Court, by the petitioner counsel. The learned counsel for the petitioner filed memo of proof of service, which shows the notice was received by the counsel for the respondent. In spite of service of notice, there is no appearance for the Respondent.
4) The learned counsel for the petitioner submits that the petitioner is wife and the respondent is husband. Their marriage was solemnized on 30.03.2018 according to the Hindu Religious, Customs and Rites at Someswara Swamy VBari Temple Gunupudi, Bhimavaram, West Godavari District. During their wedlock they blessed with one child. Thereafter, 2 the respondent filed divorce petition against the petitioner in F.C.O.P.88 of 2020 on the file of Family Judge's Court, Rajahmundry, East Godavari District to get divorce from the petitioner. The respondent deserted her from matrimonial home and she has no means and sources of income for her livelihood and for livelihood of her minor child.
5) The learned counsel for the petitioner further submits that the distance between her residence and the Court of Family Judge's Court, Rajahmundry, East Godavari District is approximately 90 KMs and the time took place for journey nearly four hours to attend before the Family Judge's Court, Rajahmundry. The petitioner being a woman suffering with various ailments, due to the said ailments she became handicapped. She was not in a position to attend the Court without any assistance of anybody and it is inconvenient and troublesome to her to attend the Family Judge's Court, Rajahmundry, East Godavari District on each and every adjournment. Therefore, the petitioner prays to withdraw the said F.C.O.P.No.88 of 2020 filed by the respondent from the file of Family Judge's Court, Rajahmundry, East Godavari District and to transmit the same to the file of Senior Civil Judge's Court, Narsapuram, West Godavari District. 3
6) Having heard the submissions of the learned counsel for the petitioner and upon perusal of the material available on record and as there is no resistance from the respondent against Transfer Civil Miscellaneous Petition, this Court is of the opinion that this is a fit case to transfer the F.C.O.P.No.88 of 2020 from the Family Judge's Court, Rajahmundry, East Godavari District to the Senior Civil Judge's Court, Narsapuram, West Godavari 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 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 F.C.O.P.88 of 2020 on the file of the Family Judge's Court, Rajahmundry, East Godavari District is hereby withdrawn and transferred to the file of the Senior Civil Judge's Court, Narsapuram, West Godavari District. The 1 2005(12) SCC 237 4 learned Family Judge, Rajahmundry, East Godavari District shall transmit the entire record in F.C.O.P.No.88 of 2020 pending on its file to the Court of the Senior Civil Judge, Narsapuram, West Godavari District, 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.12.08.2022.
Note: Issue CC tomorrow.
B/o KLNS 5 126 THE HON'BLE SRI JUSTICE BATTU DEVANAND Tr.C.M.P.No.203 of 2021 Dt.12.08.2022 KLNS