Kondapaneni Usha Sree vs. Duggineni Mahesh Kumar

HONOURABLE SRI JUSTICE M. GANGA RAO

Tr.C.M.P. No.118 of 2021

ORDER:

The petitioner who is the legally wedded wife of the Respondent filed this petition under the provisions of Section 24 C.P.C. seeking to withdraw H.M.O.P.No.239 of 2019 pending on the file of the Senior Civil Judge, Nuzividu, Krishna District and transfer the same to the Court of the Principal Senior Civil Judge, Eluru, West Godavari District.

2. The petitioner's marriage was solemnized with the respondent on 29.04.2017 as per Hindu Rites and Customs at Rotary Club Kalyana Mandapalm and started living with the respondent. Due to disputes, the respondent left the petitioner at her parents' house without information. Thereafter, the respondent filed H.M.O.P.No.239 of 2019 on the file of the Senior Civil Judge, Nuzividu and the same is pending for adjudication. The petitioner is seeking transfer of H.M.O.P.No.239 of 2019 filed by the husband before the Court of Senior Civil Judge, Nuzividu to the Court of Principal Senior Civil Judge, Eluru, West Godavari District on the ground that she is working as Assistant Professor in Anesthesia in Alluri Sitarama Raju Academy of Medical Sciences, Eluru and it is inconvenient to her to attend the court proceedings at Nuzuvidu which is at a distance of 40 KMs due to her profession as Doctor and return to home in one day.

3. The Respondent filed counter stating that he is practicing as Doctor in Ongole and the distance between the Ongole and Nuzividu is 178 KMs and whereas the petitioner is residing at Eluru which is at a distance of 29 KMs to Nuzivid. The respondent filed H.M.O.P.No.239 of 2019 before the Senior Civil Judge Court, Nuzividu

on the ground that the marriage took place at Nuzividu even though he is residing in Ongole and the Senior Civil Judge Court at Ongole has no jurisdiction to entertain my petition as both have last resided at Hyderabad and marriage took place at Nuzivid only. The convenience of both the parties has to be taken into consideration while deciding the transfer proceedings in matrimonial cases.

4. Having considered the facts and circumstances, submissions of the learned counsel and perused the record, this Court found that the respondent husband H.M.O.P.No.239 of 2019 before the Senior Civil Judge Court at Nuzividu seeking divorce against the petitioner. The petitioner being a woman and working as Assistant Professor in Anesthesia needs another person to accompany her to attend the Court at Nuzividu covering a distance of 4-0 KMs. It is inconvenient to the petitioner to attend the court at Nuzividu. The respondent is attending the Court at Nuzivid, no inconvenience or prejudice could be caused to Respondent-husband if he attends the court at Eluru. The petitioner's counsel would contend that in the matrimonial cases, the wife's convenience shall be looked into first. In support of his contention, he placed reliance on the decisions of the Hon'ble Supreme Court in the case of Archana Singh Vs. Surendera Bahadur Singh1, Sumita Singh Vs. Kumar Sanjay and another2, Anamika Khanna Vs. Annamneedi Raja Sekhar3, wherein it is held that in matrimonial matters, when the petitions are filed by the husband, generally in the event of transfer of cases, the wife's inconvenience weighs more than that of the husband's inconvenience. The respondent is already attending the court at Nuzividu from Ongole.

¹ (2005) 12 SCC 395

² (2001 ) 10 SCC 41

³ 2010 (2) ALT 669

No inconvenience and difficulty will be caused to the respondent to attend the court at Eluru. In these circumstances, in the interest of justice, this Court satisfied that the petition is justified and accordingly, the Transfer petition is allowed and H.M.O.P. No.239 of 2019 pending on the file of the Senior Civil Judge Court at Nuzivid is withdrawn and transferred to the Court of Principal Senior Civil Judge, Eluru and the transferor Court is directed to send record to the transferee court to dispose of the same. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

M. GANGA RAO, J

________________

Date: .01.2022 CSR

HON'BLE SRI JUSTICE M. GANGA RAO, J

Tr.CMP.No.118 OF 2021

DT: .01.2O22

CSR