Document Fragment View

Matching Fragments

The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908, (for short „the C.P.C.‟) seeking transfer of H.M.O.P.No.89 of 2023, pending on the file of the Senior Civil Judge, Narsapuram, West Godavari District, to the Senior Civil Judge Court at Bobbili, Vizianagaram District, for trail and disposal of the same.

2. The case of the petitioner in brief is as follows:

I. The petitioner is the legally wedded wife of the respondent/husband and the marriage of the petitioner with the respondent was solemnized on 09.11.2019, at Dwaraka Tirumala Devasthanam, as per the Hindu Rites and Caste Customs. After that, in view of the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately and working as a Civil Assistant Surgeon Specialist (Ortho) in Government Hospital, at Chinthalapudi. The petitioner/wife pleaded that due to the adamant behavior of the respondent/husband herein, the petitioner/wife, lodged a complaint against the respondent/husband which was registered as Crime No.178 of 2023, for the offence punishable under Section 498-A I.P.C. and under Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Therlam Police Station, after completion of investigation, the same was numbered as C.C.No.65 of 2024 on the file of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Bobbili, and also filed Domestic Violence Case vide D.V.C.No.18 of 2024 on the file of the Judicial Magistrate of First Class, Bobbili, under Section 12 of the Protection of Women From Domestic Violence Act, 2005 and the aforesaid cases are pending for adjudication.

II. The petitioner/wife would further contend that with a view to cause inconvenience and to harass the petitioner/wife , the respondent/husband herein had filed divorce petition i.e., vide H.M.O.P.No.89 of 2023, on the file of the Senior Civil Judge, Narsapuram, West Godavari District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. III) The petitioner/wife further pleaded that she being a woman, residing separately and working as a Civil Assistant Surgeon Specialist (Ortho) in Government Hospital, at Badangi in Vizianagaram District, the distance between the Badangi and Narsapuram is more than 4000Kms and it is very difficult for her to travel to attend the divorce case proceedings on each and every adjournment without any male assistance and that she was constrained to file the present petition seeking transfer of H.M.O.P.No.89 of 2023, pending on the file of the Senior Civil Judge, Narsapuram, West Godavari District, to the Senior Civil Judge Court at Bobbili, Vizianagaram District, for trail and disposal of the same.

9. On considering the submissions made by the learned counsel appearing for both sides and in view of the ratio laid down in the aforesaid case laws and on considering the facts and circumstances of the case, that in matrimonial (2000) 10 SCC 304 2022 LiveLaw (SC) 627 proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience of the husband and the petitioner/wife has been residing separately and working as a Civil Assistant Surgeon Specialist (Ortho) in Government Hospital, in Vizianagaram District, it is very difficult for her to travel to attend the case proceedings before the Court at Narsapuram, without any male assistance and therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, seeking transfer of H.M.O.P.No.89 of 2023 on the file of the Senior Civil Judge, Narsapuram, West Godavari District, to the Senior Civil Judge Court at Bobbili, Vizianagaram District. On considering the representation made by the learned counsel for the respondent that respondent/husband herein is working as a Government employee working in West Godavari District, it is desirable to dispense with the personal appearance of the respondent/husband herein i.e., the petitioner in H.M.O.P.No.89 of 2023 on the file of the Senior Civil Judge, Narsapuram, West Godavari District, before the transferee Court, except on the days when his personal appearance is required before the said Court as per law.

10. In the result, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.89 of 2023, on the file of the Senior Civil Judge, Narsapuram, West Godavari District, is hereby withdrawn and transferred to the Senior Civil Judge Court at Bobbili, Vizianagaram District. The learned Senior Civil Judge, Narsapuram, West Godavari District, shall transmit the case record in H.M.O.P.No.89 of 2023, to the Senior Civil Judge Court at Bobbili, Vizianagaram District, duly indexed as expeditiously as possible preferably within a period of one (01) week from the date of receipt of a copy of the order. Both the parties are directed to appear before the Senior Civil Judge Court at Bobbili, Vizianagaram District, on 03.11.2025, at 10.30 a.m. Further, it is represented by the learned counsel appearing on both sides that the aforesaid case i.e., H.M.O.P.No.89 of 2023 has been instituted in the year 2023 and the matter was posted for recording the cross-examination of PW1 before the Senior Civil Judge, Narsapuram and some time limit may be fixed to the transferee Court i.e., Senior Civil Judge, Bobbili, Vizianagaram District, for disposal of the case. On considering the submissions made by the learned counsel appearing on both sides, this court feels that it is desirable to direct the learned Senior Civil Judge, Bobbili, Vizianagaram District, to dispose of the matter within a period of six (06) months from the date of appearance of both the parties. Later the learned Senior Civil Judge Court at Bobbili, Vizianagaram District, is hereby directed not to insist for the personal appearance of the respondent herein i.e., the petitioner in H.M.O.P.No.89 of 2023, as long as his counsel is attending the Court proceedings and representing the case except on the day when his cross-examination is required to be recorded or on any other day when his personal appearance is specifically required as directed by the learned Senior Civil Judge Court at Bobbili, Vizianagaram District. There shall be no order as to costs.