Smt. Kolli Priyadarshini, Krishna Dist v. Sri Kolli Prasada Rao, Guntur Dist

HON'BLE SRI JUSTICE T. SUNIL CHOWDARY TRANSFER C.M.P.No.172 of 2017 ORDER:

This petition is filed under Section 24 C.P.C., to withdraw D.O.P.No.28 of 2017 from the file of the Principal District Court, Guntur, and transfer the same to Family Court, Vijayawada, Krishna District.

2.

Inspite 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 for the petitioner and perused the material on record.

3.

A perusal of the record reveals that the marriage of the petitioner was performed with the respondent on 09.04.2015 at Mangalagiri of Guntur District, as per Hindu rites and caste customs. Immediately after the marriage, the petitioner joined the respondent to lead marital life. Out of lawful wedlock, the petitioner and respondent were blessed with one son on 26.11.2015. For one reason or the other, disputes arose between the petitioner and the respondent, therefore, the petitioner has been residing at her parents house along with her son in Vijayawada. Basing on the complaint lodged by the petitioner, the Station House Officer, Ajitsingh Nagar, registered a case in Crime No.83 of 2017 against the respondent and others for the offence punishable under Section 498-A IPC. While things stood thus, the respondent filed D.O.P.No.28 of 2017 on the file of the Principal District Court, Guntur, under Section 10(1)(ix) of the Indian Divorce Act, against the petitioner to dissolve the marriage between

them. It is the case of the petitioner that she is facing much difficulty to travel from Vijayawada to Guntur along with her son in order to prosecute D.O.P.No.28 of 2017. 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. D.O.P.No.28 of 2017 is withdrawn from the file of the Principal District Court, Guntur, and transferred to the file of Family Court, at Vijayawada, for disposal in accordance with law. As a sequel, miscellaneous petitions, pending if any shall stand closed.

_________________________ T.SUNIL CHOWDARY, J Dt:10.10.2018 Rns 1 AIR 2003 AP 178 = 2003 (1) ALD 673 = 2003 (1) APLJ 441 2 2001(7) Supreme 96 3 AIR 2002 SC 396