M.Bhavana, v. Madiraju Phaniraju,

HON'BLE SRI JUSTICE T. SUNIL CHOWDARY TRANSFER C.M.P.No.415 of 2015 ORDER:

This petition is filed under Section 24 C.P.C., to withdraw O.P.No.704 of 2015 from the file of the Family Court, City Civil Court, Hyderabad, and transfer the same to Senior Civil Judge Court, Suryapet, Nalgonda District.

2. Inspite of service of notice, the respondent did not choose to appear and contest the matter. Hence, I am inclined to dispose of the matter on merits in the absence of the respondent. Heard the learned counsel for the petitioner and perused the material available on record.

3. The marriage of the petitioner was performed with the respondent on 25.08.2013 in Suryapet Town, as per Hindu rites and caste customs. Immediately after the marriage, the petitioner joined the respondent to lead marital life. The respondent filed O.P.No.704 of 2015 on the file of the Family Court, City Civil Court, Hyderabad, for restitution of conjugal rights.

4. The petitioner has been residing at her parents house in Suryapet due to misunderstandings between her and the respondent. The distance between Suryapet and Hyderabad is around 150 kilometers. The petitioner may face some difficulty to travel 150 Kilometers without the assistance of one of the male members of the family in order to prosecute O.P.No.704 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, the wife and

children.

5. As per the principle enunciated in V.Sailaja v V.Koteswara Rao[1], Rachna Kanodia v. Anuk Kanodia[2], and Sumita Singh v. Kumar Sanjay[3], 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 it is a fit case to allow the petition. 7.

Accordingly, the Transfer Civil Miscellaneous Petition is allowed. O.P.No.704 of 2015 is withdrawn from the file of the Family Court, City Civil Court, Hyderabad, and transferred to Senior Civil Judge, Suryapet, Nalgonda District, for disposal in accordance with law. As a sequel, miscellaneous petitions, pending if any shall stand closed.

_____________________ T.SUNIL CHOWDARY, J 26.08.2015.

Rns [1] AIR 2003 AP 178 = 2003 (1) ALD 673 = 2003 (1) APLJ 441 [2] 2001(7) Supreme 96 [3] AIR 2002 SC 396