Smt Laxmi Saranya , Venkata Satya Anantha Laxmi Saranya v. V.S.S.N.V.S.S. , Vadlamani Satya Surya Naga Venkata

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY TRANSFER C.M.P. No.479 of 2015 ORDER:

This petition is filed under Section 24 of C.P.C. to withdraw O.P.No.942 of 2015 from the file of the Judge, Family Court, Ranga Reddy District at L.B.Nagar and transfer the same to the file of the Senior Civil Judge Court at Pitapuram, East Godavari District.

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 20.05.2010 at Kothapet, Tuni, East Godavari District as per Hindu Rites and Caste Custom. Immediately after the marriage, the petitioner joined the respondent to lead marital life. The respondent filed O.P.No.942 of 2015 on the file of the Judge, Family Court, Ranga Reddy District at L.B.Nagar for dissolution of marriage between him and the petitioner.

4. The petitioner has been residing in her parents' house at Kothapet, Tuni, East Godavari District due to matrimonial disputes. Even as per the averments made in O.P.No.942 of 2015, the petitioner has been residing at Kothapet, Tuni of East Godavari District. The distance between Tuni and Hyderabad is around 600 kilometers. The petitioner may face some difficulty to travel from Tuni to Hyderabad in order to prosecute O.P.No.942 of 2015. While deciding the petitions of this nature, the Court has to take into consideration the inconvenience likely to be caused to the parties to the proceedings, more particularly, to the wife.

5. As per the principle enunciated in T.Gayatri Devi v. Dr. Tallepaneni Sreekanth, Rachna Kanodia v. Anuk Kanodia and Sumita Singh v. Kumar Sanjay and another, the paramount consideration, in transfer of matrimonial cases, is the convenience of the wife.

6. Having regard to the facts and circumstances of the case and also the principle enunciated in the cases cited supra, I am of the considered view that the relief sought by the petitioner deserves to be allowed.

7. In the result, the Transfer Civil Miscellaneous Petition is allowed. O.P.No.942 of 2015 is withdrawn from the file of the Judge, Family Court, Ranga Reddy District at L.B.Nagar and transferred to the file of the Senior Civil Judge Court at Pitapuram, East Godavari District for disposal in accordance with law. There shall be no order as to costs.

8. Consequently, Miscellaneous Petitions, if any, pending in this Transfer Civil Miscellaneous Petition, shall stand closed.

________________________ T.SUNIL CHOWDARY, J Date: 01.10.2015 Ivd