The court can deny a transfer of proceedings if it's found not justifiable and may accommodate appearances as permissible without compromising fairness.

ORDER :

V.GOPALA KRISHNA RAO, J.

The petitioners herein have filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw the F.C.O.P.No.706 of 2018 on the file of the Judge, Family Court, Visakhapatnam, and transfer the same to the file of the Senior Civil Judge, Peddapuram, Kakinada District, for trial and disposal of the same.

2. The case of the petitioner in brief is as follows:

I. The petitioner No.1/wife is legally wedded wife of the respondent/husband and their marriage was performed on 22.12.2021, in the presence of both side elders and well-wishers at Palm Beach Hotel, Beach Road, Visakhapatnam, as per the Hindu Rites and Caste Customs. After that, due to the matrimonial disputes between the spouses; the petitioner No.1/wife has been residing separately in her parents’ house and working as a Government School Teacher at Peddapuram Village, Kakinada District.

II. The petitioner No.1/wife further pleaded that the respondent herein is a person of bad vices and on account of that, he used to harass the petitioner No.1/wife, by compelling her to incorporate his name as a nominee in all her belongings, including her service records, bank passbooks, school records, insurance certificates, savings bonds, etc. She further submitted that the respondent also demanded a sum of Rs.2,00,000/- from the petitioner No.1/wife, for arranging her transfer from Peddapuram to Visakhapatnam.

III. The petitioner No.1/wife further pleaded that on 26.02.2014, while she was on her way to school, she met with a motor accident and sustained a fracture to her right hand, the parents of the petitioner attended to her medical treatment and surgery by incurring huge expenses. The petitioner No.1/wife again met with an accident on 26.01.2015 and sustained a fracture and sprain to her right ankle, for which she underwent treatment at Siddhartha Hospital, Kakinada, until 12.03.2015. Again, on 27.09.2015, while the petitioner No.1/wife was travelling to school in an auto, she met with another accident and sustained an injury to her right leg below the ankle. It is further submitted that, the petitioner No.1/wife had met with three accidents and she is not in a good position of physical condition to undertake long-distance travel from Peddapuram to Visakhapatnam.

IV. The petitioner N.1/wife further pleaded that with a view to cause inconvenience and to harass the petitioner No.1/wife, the respondent/husband herein filed a petition vide F.C.O.P.No.706 of 2018 on the file of the Judge, Family Court, Visakhapatnam, under Section 7(1)(c) of the FAMILY COURTS ACT , 1984, seeking for return of marriage expenses, the same is pending for adjudication. The petitioner No.1/wife is working as a Government School Teacher at Peddapuram, Kakinada District, the distance between Peddapuram and Visakhapatnam is more than 150Kms and it is very difficult to travel to attend the case proceedings, which was filed by the respondent/husband before the Court at Visakhapatnam and that the petitioner No.1/wife is constrained to file the present petition, seeking to withdraw the F.C.O.P.No.706 of 2018 on the file of the Judge, Family Court, Visakhapatnam, and transfer the same to the file of the Senior Civil Judge, Peddapuram, Kakinada District, for trial and disposal of the same.

3. Heard learned counsel appearing both sides on record.

4. As seen from the material available on record, the marriage between the petitioner No.1/wife and the respondent/husband was solemnized on 22.12.2012 at Palm Beach Hotel, Beach Road, Visakhapatnam, and subsequently the same was dissolved by the learned Judge, Family Court, Rajamahendravaram, vide Order dated 20.01.2021. The contention of the respondent/husband is that no appeal