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B. SYAMSUNDER
Cheedella Naga Venkata Kanakadurga – Appellant
Versus
Cheedella Suresh Babu – Respondent
ORDER :
1. I have heard learned Counsel for the petitioner Mr. Siva Sankara Rao, Borra as well as learned Counsel Mr. P. Prabhakar, representing on behalf of Mr. Ghanta Sridhar, learned Counsel for the respondent.
2. This is wife’s petition under Section 24 of the Code of Civil Procedure (in short “CPC”) seeking transfer of FCOP No. 988 of 2019 on the file of Principal Family Court, Vijayawada of Krishna District to Family Court, Eluru of West Godavari District, on the ground that she filed FCOP No. 169 of 2023 on the file of Family Court, Eluru of West Godavari District for restitution of conjugal rights, and also filed MC No. 168 of 2023 on the file of Family Court, Eluru under Section 125 Cr.P.C. claiming maintenance from the respondent and lodged a report before the Station House Officer, Eluru PS, which is subject matter in CC No. 396 of 2023 on the file of Principal Junior Civil Judge’s Court, Eluru, whereas the respondent/husband filed FCOP No. 988 of 2019 on the file of Principal Family Court, Vijayawada under Section 13 (i)(ia)(ib) of Hindu Marriage Act, seeking for divorce. The petitioner submits that she is now living in her parents’ house at Eluru and she has to travel 12
The court established that the transfer of related matrimonial cases is essential to avoid conflicting decisions and ensure justice.
The convenience of the female litigant is to be preferred over the convenience of the husband in transfer applications involving family court jurisdiction.
The court established that under Section 24 of the CPC, cases involving the same parties and interdependent issues should be tried together to prevent conflicting judgments.
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