IMPORTANT POINT
The court established that the transfer of related matrimonial cases is essential to avoid conflicting decisions and ensure justice.

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 120 kms from Eluru to Vijayawada to defend divorce petition filed by her husband, and she being a woman not in a position to bear travel and legal expenses to prosecute divorce petition filed by her husband. She prays to allow the petition.

3. The respondent filed counter-affidavit, denying the averments in the affidavit of the petitioner. It is the contention of the respondent that he filed petition in FCOP No. 988 of 2019 on the file of Principal Family Court, Vijayawada, wherein at the first instance, the petitioner engaged a Counsel, but after that remained exparte, and then filed petition to set-aside the ex-parte Order, which was allowed, and thereafter the petition is coming up for enquiry, wherein he also filed his chief-examination affidavit as PW-1 and documents are also marked as Exs.P1 to P3 and the matter was posted to 19.07.2023 for cross-examination. The respondent submits that when the matter is coming-up for cross-examination, the petitioner requested the Court that she intended to engage another Counsel, and thereafter she filed petition for restitution of conjugal rights before Family Court, Eluru, and then filed this petition, seeking for transfer to evade to cross-examine him in FCOP No. 988 of 2019 pending on the file of Principal Family Court, Vijayawada. It is also the contention of the respondent that when FCOP No. 988 of 2019 on the file of Principal Family Court, Vijayawada is pending, the petitioner has not filed any petition, but she has chosen to file petition, seeking for restitution of conjugal rights four years after filing of the divorce petition as a counter-blast, and lodged a false report, wherein she managed the Police got it filed charge sheet on 22.06.2023 within a span of one month. The respondent submits that his younger sister is mentally retorted, and he is looking after his old aged mother, who is bed-ridden. He submits that the petitioner in order to invoke Section 24 of CPC, filed FCOP No. 169 of 2023 and MC No. 168 of 2023 before Family Court, Eluru though she is not interested to lead marital life and not entitled to claim any maintenance, having deserted him seven years prior to filing of the petition. He prays to dismiss the petition.

4. The learned Counsel, representing both sides have submitted the arguments at length, supporting their respective contentions, and after arguing for some time and when this Court asked about delay in filing transfer petition when the respondent filed divorce petition in the year 2019 itself, wherein also enquiry commenced, the learned Counsel for the petitioner on instructions from the petitioner would submit that the petitioner has no objection for transfer of FCOP No. 169 of 2023 pending on the file of Family Court, Eluru of West Godavari District to Principal Family Co