T.Sita Ram v. Tekkali Venkata Varaha Krishna Chaitanya , Venkata Chaitanya

HON'BLE SRI JUSTICE T. SUNIL CHOWDARY TRANSFER C.M.P.No.420 of 2018 ORDER:

This petition is filed under Section 24 C.P.C., to withdraw H.M.O.P.No.27 of 2018 from the file of the Court of Principal Senior Civil Judge, Anakapalli, and transfer the same to Family Court, at Hyderabad.

2.

In spite of service of notice, the respondent did not choose to appear and oppose the petition. Hence, this Court is inclined to pass orders on merits. Heard the learned counsel appearing for the petitioner and perused the record.

3.

A perusal of the record reveals that the marriage of the petitioner was performed with the respondent on 03.06.2017 at Venkateswara Swamy Temple, Nagulapalli, Visakhapatnam District, as per Hindu rites and caste customs. Immediately after the marriage, the petitioner joined the respondent to lead marital life. For one reason or the other, disputes arose between the petitioner and the respondent, therefore, the petitioner has been residing at her parents house in Hyderabad, in view of her employment. While things stood thus, the respondent filed H.M.O.P.No.27 of 2018 on the file of the Court of Principal Senior Civil Judge, at Anakapalli, against the petitioner under Section 9 of the Hindu Marriage Act. It is the case of the petitioner that she is not in a position to attend the Court of Principal Senior Civil Judge, at Anakapalli, in view of her employment. 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.

4.

As per the principle enunciated in V.Sailaja v V.Koteswara Rao1, Rachna Kanodia v. Anuk Kanodia2, and Sumita Singh v. Kumar Sanjay3, the paramount consideration, in transfer of matrimonial cases, is the convenience of the wife and children.

5.

Having regard to the facts and circumstances of the case and also the principle enunciated in the cases cited supra, this Court is of the considered view that the petitioner deserves the relief sought for.

6.

Accordingly, the Transfer Civil Miscellaneous Petition is allowed. H.M.O.P.No.27 of 2018 is withdrawn from the file of the Court of Principal Senior Civil Judge, Anakapalli, and transferred to the file of Family Court, at Hyderabad, for disposal in accordance with law. As a sequel, miscellaneous petitions, pending if any shall stand closed. _________________________ T.SUNIL CHOWDARY, J Dt:28.09.2018 Rns 1 AIR 2003 AP 178 = 2003 (1) ALD 673 = 2003 (1) APLJ 441 2 2001(7) Supreme 96 3 AIR 2002 SC 396