APHC010067512024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3366]

MONDAY ,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE B SYAMSUNDER

TRANSFER CRIMINAL PETITION NO: 9/2024

Between:

Shaik Jabid and Others ...PETITIONER(S)

AND

Mohammad Gousia Affrin ...RESPONDENT

Counsel for the Petitioner(S):

1.G.V.ANAND KUMAR

Counsel for the Respondent:

1. A S C BOSE

APHC010499462023

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3366]

MONDAY ,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE B SYAMSUNDER

TRANS. CIVIL MISC.PETITION NO: 275/2023

Between:

Smt.mohammed Gousia-affrin ...PETITIONER

AND

Sri Shaik Jabid ...RESPONDENT

Counsel for the Petitioner:

1.A S C BOSE

Counsel for the Respondent:

1.G.V.ANAND KUMAR

The Court made the following:

COMMON ORDER:

I have heard learned counsel for the petitioner Mr. G.V.Anand Kumar, as well as, Mr.Vijay Kumar, representing on behalf of Mr.A.S.C.Bose, learned counsel for the Respondent.

2. These two Transfer Petitions between the same parties can be disposed of by this common order.

3 BSS, J

3. The Transfer Civil Miscellaneous Petition No.275 of 2023 is filed by the petitioner/wife under Section 24 of Code of Civil Procedure (in short C.P.C), seeking transfer of F.C.O.P.No.91 of 2023 from Family Court, West Godavari District at Eluru, to Family Court, Visakhapatnam, on the ground that now she is residing in her parents' house at Visakhapatnam along with her minor child and she is deaf and dumb and she is not having any financial capacity to bear travel and stay expenses in a petition filed by respondent in F.C.O.P.No.91 of 2023 under Section 7 of Family Courts Act, seeking for Restitution of Conjugal Rights.

4. The Tr.Crl.P.No.9 of 2024 filed by the petitioner/husband under Section 409 of Criminal Procedure Code (in short Cr.P.C), seeking transfer of F.C.O.P.No.40 of 2023 from Family Court, Visakhapatnam, to VII Additional District and Sessions Judge-cum-Family Court, West Godavari District at Eluru on the ground that he is an employee and he also deaf and dumb person, due to that he is represented by his mother, who is also aged 70 years, due to that he could not travel to Visakhapatnam to putforth his defence in a petition filed by the respondent/wife under Section 125 Cr.P.C., seeking for maintenance before Family Court, Visakhapatnam. The learned counsels representing both sides submitted their arguments supporting their respective contentions which are stated in their respective petitions. The fact remains is that the petitioner/wife and respondent/husband

both are deaf and dumb, they have to necessarily depend upon others to travel from one place to another. However, the petitioner/wife is having a minor child aged 2 years, who is not an employee and she has to look after her minor child, whereas respondent/husband is an employee and minor child is not in his care and custody.

5. In those circumstances, after considering the convenience and inconvenience of both sides and as in matrimonial proceedings, the convenience of the wife has to be considered than inconvenience of the husband when wife is looking after the welfare of child aged about 2 years, there are grounds to consider the request of the petitioner/wife to transfer F.C.O.P.No.91 of 2023 from VII Additional District Court-cum-Family Court, West Godavari District at Eluru to V Additional District Court-cum-Family Court, Visakhapatnam and the petition filed by the respondent/husband seeking transfer of F.C.O.P.No.40 of 2023 from V Additional District Court-cum-Family Court, Visakhapatnam to VII Additional District Court-cum-Family Court, West Godavari District at Eluru, cannot be considered as petition itself filed by the wife seeking for maintenance to herself and her minor child and respondent/husband is an employee and getting income though he is a deaf and dumb person.

6. Admittedly, after considering the inconvenience and convenience of the parties and in view of the admitted fact that respondent/husband is also deaf and dumb person, he has to depend

upon others to travel from Eluru to Visakhapatnam, his physical presence before the Family Court at Visakhapatnam, can be dispensed with.

7. In the result, Transfer Civil Miscellaneous Petition No.275 of 2023 is allowed. The F.C.O.P.No.91 of 2023 on the file of Family Court, Eluru is hereby withdrawn and transferred to Family Courtcum-V Additional District Court, Visakhapatnam, to try along with F.C.O.P.No.40 of 2023. The Transfer Criminal Petition No.9 of 2024 filed by the petitioner/husband is hereby dismissed. No order as to costs in both petitions. The learned Judge, Family Court, Eluru, shall transmit the case records in F.C.O.P No.91 of 2023 to Family Courtcum-V Additional District Court, Visakhapatnam, duly indexed, as expeditiously as possible, within a period of two (2) weeks, from the date of receipt of order of this Court in the present petition. The learned Judge, Family Court, Visakhapatnam-cum-V Additional District Court, Visakhapatnam, shall not insist physical presence of husband in F.C.O.P.No.91 of 2023 and F.C.O.P.No.40 of 2023 before the Court for each and every adjournment, if he engages a counsel and it can insist his presence, whenever it is required or at the time of recording his evidence before the Court. Both parties shall appear before Family Court, Visakhapatnam-cum-V Additional District Court, Visakhapatnam, on 22.04.2024 at 10.30 am. The learned Judge, Family Court, Visakhapatnam shall conduct counselling or

conciliation between the parties as per procedure laid down under law before proceeding with enquiry in the petitions.

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

____________________________________ JUSTICE BANDARU SYAMSUNDER

Date: 11.03.2024 LSP

250

THE HON'BLE SRI JUSTICE BANDARU SYAMSUNDER

TRANSFER CRIMINAL PETITION NO.9 of 2024 & TRANSFER CIVIL MISCELLENEOUS PETITION NO. 275 OF 2023

Date: 11.03.2024

LSP