Andhra Pradesh High Court - Amravati
Singampalli Santoshi vs Singampaili Siva Kumar on 28 June, 2024
APHC010190362024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3366]
(Special Original Jurisdiction)
FRIDAY ,THE TWENTY EIGHTH DAY OF JUNE
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B SYAMSUNDER
TRANS. CIVIL MISC.PETITION NO: 105/2024
Between:
Singampalli Santoshi ...PETITIONER
AND
Singampaili Siva Kumar ...RESPONDENT
The Court made the following Order:
I have heard learned counsel, Mr.Chandrasekhar representing on behalf of Ms.B.Annapurna Devi, learned counsel for the petitioner as well as learned counsel for the respondent, Ms.P.Saraswathi.
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.327 of 2023 from Additional Family Court, Vijayawada to Senior Civil Judge Court, Bobbili of Vizianagaram District, on the ground that now she is residing in her parents' house at Bobbili town along with her girl child who born on 21.08.2016 who is studying at Bobbili town. The petitioner submits that previously, respondent has filed a divorce petition and Guardian OP before Family 2 BSS, J Court, Vijayawada, which were settled amicably, again, respondent filed F.C.O.P.No.233 of 2020 wherein, she also filed counter and thereafter the said petition was dismissed on 15.12.2022. It is the contention of the petitioner that respondent again filed divorce petition in F.C.O.P.No.327 of 2023 on the file of Additional Family Court, Vijayawada on 10.03.2023, where she also filed detailed counter and the case is coming up for cross examination of PW1. The main contention of the petitioner is that she working as village volunteer and the distance between Bobbili town to Vijayawada is 400 kms, due to that, she is not in a position to attend the Court at Vijayawada leaving her girl child alone at Bobbili town.. The petitioner further submits that she also filed M.C.No.28 of 2017 and D.V.C.No.11 of 2017 on the file of I Additional Judicial Magistrate of First Class, Bobbili, which are pending. She prays to allow the petition.
3. The respondent filed counter-affidavit denying the averments in the affidavit of the petitioner. It is the contention of the respondent that previously, he filed divorce petition and Guardian OP, which were settled as per the compromise entered between the parties and thereafter petitioner/ wife not joined him, due to that he filed a divorce petition. The main contention of the respondent is that his parents are suffering from heart ailments, due to that he is not in a position to travel from Vijayawada city to Bobbili town, if the request of the petitioner to transfer the case is considered. The respondent submits that D.V.C.No.11 of 2017 and 3 BSS, J M.C.No.28 of 2017 are coming up for arguments and petitioner is not interested to lead conjugal life with him, due to that she missed two opportunities when previous cases were compromised between the parties. He prays to dismiss the petition.
4. The learned counsel for the petitioner would submit that now petitioner is residing in her parents' house at Bobbili town, along with her minor daughter, who is studying in a school at Bobbili town. He would further submit that petitioner worked as a village volunteer, now she is having no source of income to bear travel expenses and to look after her minor girl child. It is the contention of the learned counsel for the petitioner that in M.C.No.28 of 2017 and D.V.C.No.11 of 2017 respondent is appearing before the Courts at Bobbili, due to that it may not be difficult for him to attend before the Court, at Bobbili in a divorce petition filed by him. He prays to allow the petition.
5. Learned counsel representing the respondent would submit that petitioner missed opportunities to live with the respondent as she refused to join the respondent when previous cases were compromised between the parties. She further submits that parents of the respondent are suffering from serious ill health, who also are suffering from heart ailments, due to that respondent is looking after his old age parents. She prays to dismiss the petition.
4 BSS, J
6. In reply to the arguments submitted by the learned counsel for the respondent, learned counsel for the petitioner would submit that now the respondent is practicing as an advocate in Vijayawada and also before this Court, due to that reason also petitioner is seeking for transfer of F.C.O.P No.327 of 2023 from Additional Family Court, Vijayawada to Senior Civil Judge Court, Bobbili of Vizianagaram District,, where there is no Family Court.
7. Admittedly, marriage between the petitioner and respondent was solemnized on 21.08.2015 in a function hall at Bobbili town of Vizianagaram District, as per Hindu rites and customs prevailing in their community. It is also not in dispute that out of wedlock, petitioner gave birth to a girl child on 21.08.2016 who is now under the care and custody of the petitioner, who is said to be studying at Bobbili town of Vizianagaram District. Previously there was a matrimonial dispute between the parties pending before the Family Court, Vijayawada, which ended in compromise and dismissed, as stated by the petitioner in her affidavit. As dispute not fully settled between the parties, it appears that respondent again filed F.C.O.P.No.327 of 2023, on the file of Additional Family Court, Vijayawada, seeking for divorce. Prior to it, petitioner filed M.C.No.28 of 2017 under Section 125 Cr.P.C seeking maintenance from the respondent and also filed D.V.C.No.11 of 2017 seeking protection orders. Both cases are pending before I Additional Judicial Magistrate of First Class Court, Bobbili, which are said to be 5 BSS, J coming up for arguments. It is not in dispute that in both cases, respondent engaged a counsel and made his appearance. When respondent is able to attend the Court at Bobbili, in the cases filed by the petitioner, certainly it would not be difficult for him to attend the Court at Bobbili, if the request of the petitioner to transfer divorce petition from Additional Family Court, Vijayawada to Senior Civil Judge Court, Bobbili is considered. When petitioner is residing in her parents' house at Bobbili, along with girl child, certainly it would be difficult for her to travel from Bobbili town to Vijayawada city to put forth her defence in a divorce petition filed by the respondent on the file of Additional Family Court, Vijayawada. It is a consistent view of Hon'ble Apex Court that in matrimonial proceedings, the convenience of wife has to be considered than the inconvenience of the husband when wife is looking after a girl child. There are grounds to consider the request of the petitioner to transfer F.C.O.P No.327 of 2023 from Additional Family Court, Vijayawada to Senior Civil Judge Court, Bobbili of Vizianagaram District, where there is no Family Court.
8. In the result, petition is allowed. F.C.O.P No.327 of 2023 from Additional Family Court, Vijayawada is hereby withdrawn and transferred to Senior Civil Judge Court, Bobbili of Vizianagaram District. The learned Judge, Additional Family Court, Vijayawada shall transmit the case records in F.C.O.P No.327 of 2023 to Senior Civil Judge Court, Bobbili of Vizianagaram District, duly indexed, as expeditiously as possible, within a 6 BSS, J period of two (2) weeks, from the date of receipt of order of this Court in the present petition. The learned Judge, Senior Civil Judge Court, Bobbili, shall not insist physical presence of the respondent/husband for each and every adjournment before the Court, if he engages a counsel and he can insist for his presence as and when required or at the time of recording evidence before the Court. Both parties shall appear before Senior Civil Judge Court, Bobbili of Vizianagaram District, on 22.07.2024 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: 28.06.2024 RSD 7 BSS, J THE HON'BLE SRI JUSTICE BANDARU SYAMSUNDER TRANSFER CIVIL MISCELLANEOUS PETITION NO.105 OF 2024 Date: 28.06.2024 RSD