Andhra Pradesh High Court - Amravati
Yandapu Akhila Shiney vs Yandapu Munshi on 22 September, 2023
THE HON'BLE SRI JUSTICE BANDARU SYAMSUNDER
TRANSFER CIVIL MISCELLANEOUS PETITION
No.194 OF 2023
ORDER:
I have heard learned counsel for the petitioner Ms. Taddi Sowmya Naidu. None appeared on behalf of the respondent though served with notice.
2. This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife under Section 24 of Code of Civil Procedure (in short "CPC"), seeking transfer of O.P. No.176 of 2022 from X Additional District and Sessions Judge, Narsapur, to IV Additional District and Sessions Judge-cum- SC & ST Court, Srikakulam, on the ground that she already lodged a report against the respondent for the offences punishable under section 498-A of IPC and Sections 3 & 4 of the Dowry Prohibition Act and also under Section 3(1)(r)(s) of SC, ST Prevention of Atrocities Act, which is registered as S.C. Spl. No.28 of 2022 pending on the file of SC & ST Court at Srikakulam. The petitioner submits that the respondent and his parents are attending the Court and she also filed a petition under Section 12 of the Protection of Women from Domestic 2 Violence Act, 2005 vide D.V.C. No.1 of 2022 on the file of Judicial Magistrate of First Class, Palakonda, which is coming up for an enquiry, wherein the respondent is attending. It is also the contention of the petitioner that respondent left her in her parents' house where she is residing along with her minor son as respondent refused to maintain them, she also filed M.C. No.4 of 2022 under Section 125 Cr.P.C. on the file of Judicial Magistrate of First Class at Palakonda, seeking maintenance from the respondent, in those cases, respondent is appearing. The petitioner also submits that respondent has filed O.P. No.176 of 2022 on the file of X Additional District and Sessions Judge Court, Narsapur, West Godavari District, seeking divorce with false grounds. The main contention of the petitioner is that now she is residing in her parents' house along with her minor son, due to that it is difficult for her to attend the Court at Narsapur, which is at a distance of 410 kms from Palakonda, whereas the respondent is appearing before the Court at Palakonda and also at Srikakulam, due to that it may not be difficult for him to attend the Court at Srikakulam, if her request to transfer the case is considered. She prays to allow the petition.
3
3. It is not in dispute that at the first instance, petitioner lodged a report against the respondent/husband which is subject matter in S.C. Spl. No.28 of 2022 pending on the file of IV Additional District and Sessions Judge-cum- SC & ST Court, Srikakulam, wherein respondent along with his parents are attending. It is also not in dispute that respondent is attending the Courts at Palakonda in D.V.C. No.1 of 2022 and M.C. No.4 of 2022 filed by the petitioner. A perusal of copy of O.P. No.176 of 2022 filed by the respondent also shows that the petitioner said to be lodged a report against him and his parents for the offences punishable under Section 498-A of IPC vide Cr. No.52 of 2022. Admittedly, petitioner is now residing in her parents' house along with her minor son and certainly it would be difficult for her to attend before the Court at Narsapur, whereas the respondent/husband, who is attending the Courts at Srikakulam and also Palakonda, due to that it may not be difficult for him to attend the Court at Srikakulam if the divorce petition filed by him is transferred to Srikakulam.
4. In the result, this Transfer Civil Miscellaneous Petition is allowed. O.P. No.176 of 2022 on the file of X 4 Additional District and Sessions Judge Court, Narsapur is hereby withdrawn and transferred to IV Additional District and Sessions Judge - cum - SC & ST Court, Srikakulam.
5. The learned X Additional District and Sessions Judge, Narsapur, shall send the case records in O.P. No.176 of 2022, after duly indexed to IV Additional District and Sessions Judge - cum - SC & ST Court, Srikakulam, as expeditiously as possible within two (02) weeks from the date of receipt of orders of this Court in the present petition.
6. Both parties shall appear before IV Additional District and Sessions Judge- cum - SC & ST Court, Srikakulam, on 16.10.2023 at 10.30 a.m. No order as to costs. Consequently, miscellaneous petitions if any, stand closed. The Interim Stay if any, granted, shall stand vacated.
___________________________________ JUSTICE BANDARU SYAMSUNDER Date: 22.09.2023 MVK 5 97 THE HON'BLE SRI JUSTICE BANDARU SYAMSUNDER TRANSFER CIVIL MISCELLANIOUS PETITION No.194 OF 2023 Date: 22.09.2023 MVK