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B SYAMSUNDER
P Lakshmi Priya – Appellant
Versus
Onti Kommu Sharath Babu – Respondent
ORDER :
B Syamsunder, J.
I have heard learned counsel for the petitioner, Mr.V.Dushyanth Reddy as well as learned counsel for the respondent, Mr.V.Nitesh through virtual hearing.
2. This is wife’s petition filed under Section 24 of Code of Civil Procedure (in short ‘CPC’) seeking transfer of H.M.O.P.No.120 of 2022 from Principal Civil Judge Court (Senior Division), Rajampeta of YSR Kadapa Judicial District to Civil Judge Court (Senior Division), Penukonda of Ananthapuram Judicial District on the ground that now she is residing in her parents’ house at Puttaparthy Town of Ananthapuram Judicial District where she filed M.C.No.07 of 2022 under Section 125 of Cr.P.C. pending before Judicial First Class Magistrate Court, Puttaparthy claiming maintenance from the respondent and also lodged a report before Station House Officer, Dharmavaram Police Station against the respondent for dowry harassment.
3. The petitioner submits that she has no source of income and male support to travel from Puttaparthy Town to Rajampet Town to put forth her defence in a divorce petition filed by the respondent with false grounds. It is also the contention of the petitioner that the respondent is working as a So
The court reaffirmed that the convenience of the wife is crucial in transfer petitions, but the stage of proceedings must also be considered.
In matrimonial cases, the court prioritizes the safety and convenience of the wife over the husband's inconvenience, especially when threats are involved.
Transfer of matrimonial case – In matrimonial proceedings, convenience of wife has to be considered than inconvenience of husband.
In matrimonial transfer petitions, the wife's convenience is paramount, ensuring that justice is upheld as per socio-economic considerations.
Transfer of Matrimonial case – In matrimonial proceedings, convenience of wife has to be taken into consideration than that of inconvenience of husband.
In matrimonial proceedings, the convenience of the wife should be prioritized when considering transfer petitions under the Code of Civil Procedure, ensuring justice based on socio-economic factors.
Transfer of Matrimonial Petition – In matrimonial proceedings, convenience of wife has to be taken into consideration than that of inconvenience of husband.
Wife's travel hardship with minor child justifies transfer of matrimonial case to her residence court.
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