S. Prasanna Lakshmi, v. Donkada Venkata Siva Dayal,

THE HON'BLE SRI JUSTICE T. SUNIL CHOWDARY TR.CMP.No.869 OF 2017 ORDER:

This petition is filed under Section 24 of C.P.C seeking to withdraw H.M.O.P.No.59 of 2017 pending on the file of the Court of the Senior Civil Judge, Vizianagaram and transfer the same to the Family Court, Visakhapatnam.

2 In spite of service of notice, the respondent did not choose to appear and contest the petition. Hence this court is inclined to pass orders on merits. Heard learned counsel for the petitioner. A perusal of the record reveals that the marriage of the petitioner was performed with the respondent on 30.05.2015 at Garividi, Vizianagaram district as per Hindu rites and caste custom. Immediately after the marriage the petitioner joined the respondent to lead marital life. Due to various reasons, disputes arose between the petitioner and the respondent, therefore, the petitioner has been residing at her parents' house in Bheemunipatnam. The respondent filed H.M.O.P.No.59 of 2017 on the file of the Court of the Senior Civil Judge, Vizianagaram under Section 13 (B) of Hindu Marriage Act for dissolution of the marriage between him and the petitioner. It is the case of the petitioner that she is working as teacher in Bheemunipatnam and hence it is very difficult for her to go to Vizianagaram to prosecute the O.P.

While deciding the petition of this nature, the Court has to consider the convenience of the parties to the proceedings, more particularly, the wife.

As per the principle enunciated in Sumita Singh Vs. Kumar Sanjay1, Rachna Kanodia Vs. Anuk Kanodia2, and V. Sailaja Vs. V. Koteswara Rao3, 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 petitioner deserves the relief as sought for. In the result, the petition is allowed, H.M.O.P.No.59 of 2017 pending on the file of the Court of the Senior Civil Judge, Vizianagaram is withdrawn from the file of the said court and is transferred to the Family Court, Visakhapatnam for disposal in accordance with law. A perusal of the record reveals that the respondent is working as Conductor in APSRTC. Taking into consideration the nature of employment of the respondent, the presence of the respondent before the Family Court, Visakhapatnam is dispensed with on each and every adjournment. However, he shall appear before the Family Court, Visakhapatnam as and when his presence is so required.

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

_________________________ T.SUNIL CHOWDARY, J Date: August 14, 2018 Kvsn 1 AIR 2002 SC 396 2 2001 (7) Supreme 96 3 AIR 2003 AP 178