IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT

TUESDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SRI JUSTICE B'SYAMSUNDER

TRANS. CIVIL MISC.PETITION NO: 35 OF 2023

Between:

Ediga Katyayani, W/o. Ediga Sanjeevarayudu Age: 44 years, Occ. House wife, R/o. D.No. 3-96, Narasingapuram, Muthyalamma Temple, Chandragiri Mandal, Chittor District.

Petitioner

AND

Ediga Sanjeevarayudu, S/o. Venkata Swamy, Age:48 years, Occ. Ex-Service man, R/o. Ontyeddupalli Village, Kakaravada Post, Uyyalawada Mandal. Now R/o. Asramam Street, Allagadda Town, Kurnool District.

...Respondent

Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to allow the TRCMP by withdrawing H.O.P No.60 of 2022 from Honourable Senior Civil Judge, Allagadda and to transfer the same to the Senior Civil Judge, Tirupati.

IA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all the further proceedings in M.O.P No 60 of 2022 on the file Honble Senior Civil Judge, Allagadda

Counsel for the Petitioner : Sri. S Bala Mohan Ranga

Counsel for the Respondents: Ms. Ayesha representing Sri Guttala B Subrahmanyam

The Court made the following:

NO.35 OF 2023 THE HON'BLE SRI JUSTICE BANDARU SYAMSUNDER TRANSFER CIVIL MISCELLANEOUS PETITION

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ORDER:

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respondent. I have heard the learned counsel for the petitioner Mr. S. Bala Mohan Ranga as well as learned counsel Ms. Ayesha, representing on behalf of Mr. Guttala B Subrahmanyam, learned counsel for the

Judge Court, Tirupati. 2. This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife under Section 24 of Code of Civil Procedure (in short 'CPC') seeking transfer of M.O.P.No.60 of 2022 from Senior Civil Judge Court, Allagadda of Kurnool District to Senior Civil

3. The case of the petitioner/wife in brief is that her marriage 09.04.2004 at respectively. harassment by the respondent now Onteddupalli Village of Kurnool District, as per customs prevailing in their community. The petitioner submits that her marriage with the respondent was duly consummated and she also blessed with two children now aged 17 years and 13 years It is the contention of the petitioner that due to she is residing in her parents with the respondent was solemnized on. Hindu rites and

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house at Narasingapuram of Chandragiri Mandal of Chittoor District and she received notice in M:O.P.No.60 of 2022 filed by the that she lodged a report before Station House Officer, Railway Kodur Police Station which case was closed on 30.01.2012 and at present no cases are pending between them. The main contention of the petitioner is that as she has no male assistance, it is difficult for her to travel a distance of 303 KM from Narasingapuram of Chadragiri Mandal to Allagadda Town to defend divorce petition filed by her husband. She prays to allow the petition. respondent seeking divorce with false allegations. She submits

4. the petitioner is residing in her parents' house at Narasingapuram Village of Chandragiri Mandal, which is at a distance of 300 KM from Allagadda Town. He would further submit that the petitioner has to look after her old aged mother and she has no male assistance to travel , from Narasingapuram Village of Chandragiri Mandal to Allagadda Town to put forth her defence in the divorce petition filed by her husband. He prays to allow the petition. The learned counsel for the petitioner would submit that now

5. The learned counsel representing the respondent would submit that criminal case registered against the respondent ended in acquittal and thereafter couple resided together and then in the year 2015 again the petitioner deserted the respondent, due to

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that, the respondent filed petition seeking for divorce. She would further submit that the respondent is ready to pay travel and other expenses to the petitioner whenever she attend the Court at Allagadda Town. She prays to dismiss the petition.

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6. It is no doubt true that it is consistent view of Honble Apex Court that in respect of matrimonial proceedings the convenience of wife has to be considered but at the same time it has to be considered whether the contention of the petitioner/wife seeking transfer on the ground mentioned in her petition is tenable can be that: Court in Preeti Sharma Vs. Manjit Sharma in Transfer Petitions (C) Nos. 117-18 of 2004 order dated 29.04.2005 held inconvenience of the wife and also husband. The HonTDle Apex accepted and we have to balance the convenience and

"merely because the petitioner is a lady does not mean she cannot travel to Muzaffamagar. At the highest she can be paid expensesfortravel and stay".

We, therefore, direct that the respondent shall pay to the petitioner and a companion travel and stay expenses on every occasion that the petitioner is required to go to Muzaffamagar. The Court at Muzaffamagar shall ensure that such payment is made to the petitioner on every occasion. With these directions, the transfer petitions are dismissed.

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7. In the present case admittedly, previously the petitioner lodged a report against the respondent under Section 498-A I.P.C. before the Station House Officer, Rahway Koduru Police Station of respectively. who are residing with the petitioner at case referred supra, distance is not a ground to transfer the case from one Court to another Court. After considering the facts and assistance she is not in a position to attend the Court at Allagadda. As per ratio laid down by Honble Apex Court in the Preeti Sharma circumstances of the case, this Court is oh an opinion that there are no grounds to transfer M.O.P.No.60 of 2022 from Senior Civil Judge Court, Allagadda to Senior Civil Judge Court, Tirupati. Kadapa District which said to be ended in acquittal. It is also not in dispute that now the children of couple are aged 17 and 13 years Narasingapuram Village of Chandragiri Mandal. The marriage of the petitioner with the respondent was solemnised within the jurisdiction of Senior Civil Judge Court, Allagadda. The only contention of the petitioner is that due to distance without male

8. Rs. 1,500/- to the petitioner, whenever she appears before the Senior Civil Judge Court at Allagadda in M.O.P.No.60 of 2022. The In the result, this transfer civil miscellaneous petition is dismissed with a direction to the respondent shall pay a sum of

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learned Senior Civil Judge, Allagadda shall ensure that such payment is made to the petitioner on every occasion.

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9. if she engages an advocate except at the time of enquiry or recording her evidence before the Court. The learned Senior Civil Judge, Allgadda shall also explore possibility of amicable ⁱ settlement of matrimonial disputes between the parties by conducting counselling or conciliation as per procedure laid down under law and shall also be considered to provide necessary legal aid to the petitioner, if she unable to engage private counsel. No order as costs. The learned Senior Civil Judge, Allagadda shall not irisist physical presence of the petitioner for each and every adjournment.

Consequently, miscellaneous petitions, if any, shall stand closed. The interim stay granted if any, shall stand vacated.

SD/- S. SRINIVASA PRASAD ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

1. The Senior Civil Judge, Allagadda, Kurnool District

2. One CC to Sri. S Bala Mohan Ranga Advocate [OPUC]

3. One CC to Sri. Guttala B Subrahmanyam Advocate [OPUC]

4. Two CD Copies

Stu

AL

HIGH COURT DATED:13/06/2023

ORDER

TRCMP.No.35 of 2023

$Scoples$ $y$ $v$ $s$ $18|9|23$ .

DISMISSING THE TR.CMP