Smt. Sangameshwar Sarika, Adilabad Dist v. S. Baswalingappa, Nizamabad Dist

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY TR.CIVIL MISCELLANEOUS PETITION NO.326 OF 2017 ORDER:

This Transfer Civil Miscellaneous Petition, under Section 24 of Code of Civil Procedure 1908, is filed to withdraw O.P.No.12 of 2017 pending on the file of the Senior Civil Judge, Bodhan, Nizamabad District and transfer the same to the file of the Senior Civil Judge, Adilabad. It is contended that the petitioner is staying with her parents at Adilabad and not in a position to appear before the Senior Civil Judge, Bodhan covering distance of 170 kms with child and that she has no means to meet the travelling expenses. It is also contended that calendar cases for the offences punishable under Section 498-A IPC and DVC are pending at Adilabad.

As per the address particulars given in the cause title of O.P.No.12 of 2017, S.Baswalingappa, respondent is resident of Bodhan, whereas the petitioner is resident of Adilabad and she is daughter of Assistant SubInspector of Police, Sanjaynagar Colony. The only inconvenience expressed by the petitioner to undertake journey covering distance of 170 kms to appear before the Court on the dates of adjournments. The respondent filed petition under Section 12 of the Hindu Marriage Act and it is pending. The petitioner is the wife and respondent is the husband. The petitioner is not required to appear on every date of adjournment like proceedings under Family Courts' Act, except on the dates when reconciliation was taken up or on any other date for recording cross examination before the Court.

Therefore, the difficulty expressed by the petitioner to undertake journey covering distance of 170 kms is not sufficient to withdraw and transfer O.P. In the event of O.P. is withdrawn, the respondent has to undertake journey covering the same distance and he will also face same difficulty. When both parties expressed their inconvenience to appear before the Court, it is for the Court to decide the inconvenience of each party, which out weigh the inconvenience of the other. The respondent is husband, being male, may undertake journey and at the same time the petitioner aged 25 years she being housewife can travel on two days, which was referred above and whereas respondent is carrying on business as per the cause title in the petition itself.

In such a case, the petitioner has to close his business for the day and appear before the Court at Adilabad.

inconvenience of both parties, the inconvenience being caused to the respondent will out weight the inconvenience of the petitioner and consequently, it is not a fit case to withdraw O.P and transfer the same to Adilabad. However, the Senior Civil Judge, Bodhan is requested not to insist the personal appearance of the petitioner on every date of adjournment as long as she is represented by her counsel except on the dates when her personal appearance is required for reconciliation and recording her cross examination. This order will not preclude the Senior Civil Judge, Bodhan to pass orders in accordance with law even she is not represented by any counsel. The respondent being business man, he is bound to pay travelling and other incidental expenses as ordered by the Court to the petitioner and also to the person who accompanied her.

The Senior Civil Judge, Bodhan is requested to issue necessary directions to the respondent/petitioner to pay travelling and other incidental expenses like stay, food etc. not only to the petitioner, but also to the person, who accompanied her, whenever she attends the Court in connection with O.P. With the above observation, the Tr.C.M.P. is disposed of. No costs.

Miscellaneous petitions, if any, pending in this petition shall stand closed.

_____________________________ M. SATYANARAYANA MURTHY, J 08.11.2018 kvrm