Smt K Laxmi Sravani v. Sri K Kishore Kumar

THE HON'BLE SRI JUSTICE T. SUNIL CHOWDARY TR.CMP No.478 of 2015 ORDER:

This petition is filed under Section 24 of CPC to withdraw O.P.No.851 of 2015 from the file of the Family Court, City Civil Court, Hyderabad and transfer the same to the Senior Civil Judge Court, Kovvur, West Godavari District for disposal in accordance with law.

2. In spite of service of notice, respondent did not choose to appear and oppose the petition. Hence, this Court is inclined to dispose of the matter on merits in the absence of the respondent.

3 . Heard the learned counsel for the petitioner and perused the material available on record.

4 . The marriage of the petitioner was performed with the respondent on 25.04.2012 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 the respondent were blessed with a son on 15.05.2013. Legal notices were exchanged between the parties. The respondent filed O.P.No.851 of 2015 on the file of the Family Court, City Civil court, Hyderabad for dissolution of marriage between him and the petitioner.

5. The petitioner has been residing at her parents' house at Bestha Veedhi, Reddy Polavaram of West Godavari District due to matrimonial disputes. The distance between Secunderabad and Kovvur is around 400 KMs. The petitioner may face much difficulty to travel from Kovvur to Secunderabad in order to defend O.P.No.851 of 2015 along with her minor son. If the petition is dismissed, it may cause untold hardship to the petitioner and her children. Even if the petition is allowed, the same may not cause any prejudice to the respondent. While disposing of 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.

6. As per the principle enunciated in Sumita Singh v. Kumar Sanjay and Rachna Kanodia v. Anuk Kanodia, the paramount consideration, in transfer of

matrimonial cases, is the convenience of the wife. 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 can be granted.

7 . Accordingly, O.P.No.851 of 2015 is withdrawn from the file of the Family Court, City Civil Court, Hyderabad and transferred to the Senior Civil Judge Court, Kovvur, West Godavari District for trial and disposal in accordance with law. No costs.

As a sequel, miscellaneous petitions, if any pending in this civil miscellaneous petition, shall stand closed.

________________________ T.SUNIL CHOWDARY, J.

Date: 08.10.2015.

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