Andhra Pradesh High Court - Amravati
S Mall vs S Mallareddy on 7 December, 2022
1
THE HON'BLE SRI JUSTICE A.V. RAVINDRA BABU
TRANSFER CIVIL MISCELLANEOUS PETITION No.76 OF 2021
ORDER:-
Heard the learned counsel for the petitioner.
2) This Transfer Civil Miscellaneous Petition is filed by the petitioner, who is the respondent in H.M.O.P.No.56 of 2019, on the file of Senior Civil Judge's Court, Narsapur, West Godavari District with a prayer to transfer the said H.M.O.P. from the file of Senior Civil Judge's Court, Narsapur, West Godavari District to Senior Civil Judge's Court, Nandigama, Krishna District.
3) The contention of the petitioner, in brief, is that the petitioner is the wife of the respondent. Her marriage with the respondent was performed on 25.01.2012 at Sri Venkateswara Swamy Temple, Madhira, Khammam District, as per Hindu rites and customs. Later, the marriage was consummated. The petitioner was subjected to physical and mental harassment by the respondent. Unable to maintain herself, she filed MC.No.19 of 2018 before Principal Judicial Magistrate of I Class Court at Madhira. Thereafter, the respondent filed H.M.O.P.No.56 of 2019 before Senior Civil Judge's Court at Narsapur for restitution of 2 conjugal rights, without any valid grounds. The Senior Civil Judge's Court at Narsapur is nearly 220 km away from Madhira Town which takes 4 to 5 hours journey. The petitioner is the resident of Madhira Town in Telangana State, but her place of residence is at a distance of 20 km to Senior Civil Judge's Court, Nandigama, which is located in Andhra Pradesh. The petitioner has no assistance to go to Narsapur, West Godavari District, as such, she has an apprehension that the respondent may cause harm to her. Hence, the petition.
4) Inspite of service of notice on the respondent, he did not appear.
5) Now the point for determination is that whether the petitioner is entitled to the relief prayed?
Point:-
6) Learned counsel for the petitioner would argue the matter according to the averments in the petition.
7) As seen from the copy of the H.M.O.P.No.56 of 2019 before the Court of Senior Civil Judge at Narsapur, the petitioner in H.M.O.P is the husband of the present petitioner and he is the resident of Narsapur, West Godavari District. The respondent in H.M.O.P is shown as resident of Rayapatnam village, Madhira Mandal, Khammam District, Telangana State. It is to be noticed 3 that the case like H.M.O.P. is to be filed subject to the jurisdiction under the Hindu Marriage Act. The petitioner therein invoked the jurisdiction under the Hindu Marriage Act and filed the same at Narsapur, West Godavari District. It is no doubt true that under Section 24 of CPC, convenience of the parties can be considered for transfer of cases from one place to another. If the petitioner feels that, it is not convenient for her to go to Narsapur, she ought to have taken steps to get the transfer of case to a particular Court within the jurisdiction of Telangana State.
8) In my considered view, H.M.O.P.No.56 of 2019 is supposed to be filed either at a place where the petitioner therein is residing or at a place where the respondent therein is residing. So, the petitioner instead of seeking transfer of the said case to a convenient place, where she is residing, approached this Court to transfer the said case to a place in which jurisdiction, she is not residing.
9) Having regard to the overall facts and circumstances, I am of the considered view that if really, the petitioner felt inconvenience to attend the Court at Narsapur, West Godavari District, she should have taken steps to get the transfer of the said case to Telangana State where she is 4 residing. The contention of the petitioner that she has an apprehension that the respondent may harm her, is not substantiated in any way. Nandigama is not a place where the petitioner or respondent is residing. Hence, it is not a fit case to grant the relief.
10) In the result, the Transfer Civil Miscellaneous Petition is dismissed. There shall be no order as to costs.
Consequently, miscellaneous applications pending, if any, shall stand closed.
________________________ JUSTICE A.V. RAVINDRA BABU Dt.07.12.2022.
AG 5 191 THE HON'BLE SRI JUSTICE A.V. RAVINDRA BABU Tr.C.M.P.NO.76 OF 2022 Date: 07.12.2022 AG