Andhra Pradesh High Court - Amravati
Chinnala Prasanna Myagi Maggi vs Chinnala Josef on 15 February, 2024
APHC010550662023
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
[ 3366 ]
THURSDAY ,THE FIFTEENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B SYAMSUNDER
TRANS. CIVIL MISC.PETITION NO: 314 OF 2023
Between:
1. CHINNALA PRASANNA MYAGI @ MAGGI, W/o Chinnala Josef, aged about
24 years, R/o D.No. 3-171, Nehrupet, Near Ambedkar Grandhalayam, Nuzvid
Town, Eluru District
...PETITIONER(S)
AND
1. CHINNALA JOSEF, S/o Yesupadam, aged about 29 years, Occ. Business,
R/o D.No. 1-135, Kazigudem, Pedapadu Mandal, Eluru District.
...RESPONDENTS
Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith,the High Court may be pleased topleased to withdraw the OP No. 200 of 2023 from the file of Honourable District Judge, West Godavari at Eluru, and to transfer the same to the Honourable XV Additional District Judge, Nuzvid, Krishna District, and to pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased To STAY all further proceedings in OP No. 200 of 2023 on the file of District Judge, West Godavari at Eluru, pending disposal of main Transfer CMP and to pass Counsel for the Petitioner(s):SRI. SREENIVASA RAO VELIVELA Counsel for the Respondents: RAMA RAO KOCHIRI The Court made the following:
I have heard learned counsel, Ms.Sirisha Vallabhaneni representing on behalf of Mr.Srinivasa Rao Velivela, learned counsel for the petitioner as well as learned counsel for respondent Mr.Rama Rao Kochiri.
2. This is wife's petition under section 24 of Code of Civil Procedure (in short C.P.C.) seeking transfer of O.P.No.200 of 2023 from Principal District Court, West Godavari at Eluru, to XV Additional District Court, Nuzvid, Krishna District on the ground that now she is residing at Nuzvid Town of Krishna Judicial District along with her minor child aged two (2) years where she already filed M.C.No.18 of 2023 under Section 125(1) Cr.P.C. seeking maintenance to herself and her minor child and filed D.V.C.No.9 of 2023 on the file of 1st Additional Judicial First Class Magistrate, Nuzvid and lodged a report before Station House Officer, Nuzvid Town Police Station against the respondent and others for the offences punishable under Section 498(A) and Sections 3 and 4 of Dowry Prohibition Act wherein the Station House Officer after due investigation, filed charge sheet in C.C.127 of 2023 on the file of 1st Additional Judicial First Class Magistrate at Nuzvid, Krishna Judicial District.
3. Learned counsel representing the petitioner would submit that respondent though having knowledge about filing of cases at Nuzvid chosen to file O.P.No.200 of 2023 on the file of Principle District Court, West Godavari District at Eluru, under Section 32 of Divorce Act for restitution of conjugal rights with false grounds. She would further submit that the petitioner has no source of income to bear travel and stay expenses to put forth her defence in a petition filed by the respondent seeking for restitution of conjugal rights and petitioner cannot travel from Nuzvid town to Eluru town leaving her minor child at her parents' house. She prays to allow the petition.
4. The respondent filed counter affidavit denying the averments in the affidavit of the petitioner. It is the contention of the respondent that still he is having utmost love and affection towards the petitioner due to that he issued notice for restitution of conjugal rights thereafter the petitioner has foisted false cases before the Courts at Nuzvid. He submits that he is apprehending danger to his life in the hands of the petitioner and his family members, if he attends the Court at Eluru. He prays to dismiss the petition.
5. Admittedly marriage of the petitioner with the respondent solemnized on 23.02.2022 in a Church at Kajigudem Village of Pedapadu Mandal, West Godavari District as per Christian Rites and Customs prevailing in their community. Now petitioner along with her minor child, who born on 17.10.2022 are residing in her parents' house at Nuzvid town where she already filed M.C.No.18 of 2023 under Section 125(1) of Cr.P.C. claiming maintenance to herself and her minor child from the respondent and filed D.V.C.No.9 of 2023 and also lodged a report before Station House Officer, Nuzvid Police Station vide C.C.No.127 of 2023. All the three cases are pending before the Judicial Magistrate of First Class at Nuzvid. The respondent has to appear before the Judicial Magistrate of First Class Court at Nuzvid to put forth his defence, if any. The respondent filed O.P.No.200 of 2023 on the file of Principal District Court, West Godavari at Eluru, seeking for restitution of conjugal rights. The petitioner is taking care of minor child, who is less than two (02) years, certainly would be difficult for her to travel from Nuzvid town to Eluru town to put forth her defence in a petition filed by her husband for restitution of conjugal rights. Even otherwise respondent has to appear before the Court at Nuzvid to put forth his defence, if any. In matrimonial proceedings, the convenience of the wife has to be considered than the inconvenience of the husband. There are grounds to consider the request of the petitioner to transfer O.P.No.200 of 2023 from Principal District Court, West Godavari at Eluru to XV Additional District Court, Nuzvid of Krishna Judicial District.
6. In the result, the petition is allowed. The O.P.No.200 of 2023 on the file of from Principal District Court, West Godavari at Eluru is hereby withdrawn and transferred to XV Additional District Court, Nuzvid of Krishna Judicial District. The learned Principal District Judge, West Godavari at Eluru shall transmit case records in O.P.No.200 of 2023 to XV Additional District Court, Nuzvid of Krishna Judicial District, as expeditiously as possible, within a period of two (02) weeks from the date of receipt of a copy of Order of this Court in the present petition. The learned XV Additional District Judge, Nuzvid of Krishna Judicial District shall not insist for physical presence of the respondent for each and every adjournment if he engages a counsel, he can insist his appearance as and when required or at the time of recording his evidence before the Court. Both parties shall appear before XV Additional District Court, Nuzvid of Krishna Judicial District on 28.03.2024. 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:15.02.2024 MKK