High Court for State of TelanganaTRCMP/247/2015allowed no costs

Pusuluri Malleswari, v. Pusuluri Ramakrishna

2015-06-17T.Sunil Chowdary2 pages

HON'BLE SRI JUSTICE T. SUNIL CHOWDARY TRANSFER CIVIL MISCELLANEOUS PETITION No.247 of 2015 ORDER:

This petition is filed under Section 24 CPC to withdraw F.C.O.P. No.564 of 2013 from the file of Family Court, Ranga Reddy District at L.B.Nagar and transfer the same to the file of Family Court, Vijayawada, Krishna District for disposal in accordance with law.

2. Heard the learned counsel for both the parties and perused the material available on record.

3. The marriage of the petitioner was performed with the respondent on 29.2.2012 at Venkateswara Temple, Vaikuntapuram, Tenali, Guntur District. Immediately after the marriage, the petitioner joined the respondent to lead happy marital life. The petitioner filed O.P. No.643 of 2014 on the file of Family Court, Vijayawada for restitution of conjugal rights. The respondent filed F.C.O.P. No.564 of 2013 on the file of Family Court, Ranga Reddy District at L.B. Nagar for dissolution of marriage between him and the petitioner.

4. Unfortunately, the petitioner and respondent lived together for a short period of three months. The petitioner has been residing at her parents' house at Vijayawada due to family disputes. The respondent is attending Family Court, Vijayawada in connection with O.P. No.643 of 2014. It is not the case of the respondent that the petitioner is having sufficient means to travel from Vijayawada to Hyderabad to attend Family Court, Ranga Reddy District for each and every adjournment. As rightly pointed out by the learned counsel for the petitioner, it may not be possible for the petitioner to travel from Vijayawada to Hyderabad without assistance of a male person. Even if the petition is allowed, the same may not cause any prejudice to the respondent.

5. As per the principle enunciated in V.Sailaja v V.Koteswara Rao, Sumita Singh v. Kumar Sanjay and Rachna Kanodia v. Anuk Kanodia, the paramount consideration, in transfer of matrimonial cases, is the convenience of the wife. Having regard to the facts and circumstances of the case and also the principle enunciated in the case cited supra, I am of the considered view that the relief sought

by the petitioner can be granted.

6. Accordingly, the Transfer Miscellaneous Petition is allowed. F.C.O.P. No.564 of 2013 is withdrawn from the file of the Family Court, Ranga Reddy District and transferred to the file of the Family Court, Vijayawada, Krishna District for disposal in accordance with law. Learned Judge, Family Court, Vijayawada is directed to dispose of the matter as expeditiously as possible. As a sequel, miscellaneous petitions pending in this transfer petition shall stand closed. _________________________ T.SUNIL CHOWDARY, J Date: 17.6.2015.