O R D E R:

This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife under Section 24 of the Code of Civil Procedure (in short “CPC”), seeking transfer of HMOP.No.38 of 2023 on the file of Principal Senior Civil Judge’s Court, Kovvur of East Godavari District to Senior Civil Judge’s Court, Nandigama of Krishna District.

2. The main contention of the petitioner is that her marriage with the respondent solemnized on 27.04.2018 at Kanchikacherla village of Krishna District, as per Hindu rites and customs prevailing in their community. She submits that the marriage was consummated, and she blessed with a son and a daughter, now aged 4 years and 1 ‰ years respectively. The petitioner alleged that disputes arose in her matrimonial life that made her to lodge a report before the Station House Officer, Kanchikacherla police station against the respondent and others, which is subject matter in CC No.2329 of 2022, and she also filed petition under Section 125 of Cr.P.C, claiming maintenance to herself and her children from the respondent, which is MC No.55 of 2022 on the file of Judicial First Class Magistrate at Jaggaiahpet. The petitioner submits that the respondent by creating false grounds, filed divorce petition in the year 2023 as a counter blast for the cases filed by her at Krishna District. She prays to allow the petition.

3. I have heard learned counsel Mr.Raghu, representing on behalf of Mr.Sai Gangadhar Chamarty, learned counsel for the petitioner, who submits that when petitioner already filed dowry harassment case and maintenance case, the respondent as a counter blast, filed divorce petition before the Senior Civil Judge’s Court, Kovvur by creating cause of action. He prays to allow the petition. None represented for the respondent. 4. A perusal of records, which shows that the marriage of the petitioner with the respondent solemnized on 27.04.2018 at Kanchikacherla village of Krishna District, and now the petitioner along with her minor children is residing in her parents’ house at Kanchikacherla village. It is also not in dispute that at the first instance, the petitioner has lodged a report before the Station House Officer, Kanchikacherla police station on 28.08.2022, alleging that the respondent and his family members harassed her on demand of additional dowry, and she also filed MC No.55 of 2022 on the file of Judicial First Class Magistrate, Jaggaiahpet under Section 125 of Cr.P.C, seeking maintenance to herself and her minor children, and thereafter the respondent filed petition, seeking divorce before the Senior Civil Judge’s Court, Kovvur. The petitioner being a woman has to look after the welfare of her two minor children, whereas the respondent has to appear before the Courts at Jaggaiahpet to put forth his defense if any in the cases filed by the petitioner.

5. It is consistent view of Hon’ble Apex Court that in respect of matrimonial proceedings, the convenience of wife has to be considered. After considering the facts and circumstances of the case, this Court is of an opinion that there are grounds to transfer HMOP No.38 of 2023 on the file of Principal Senior Civil Judge’s Court, Kovvur to Senior Civil Judge’s Court, Nandigama of Krishna District. 6. In the result, this Transfer Civil Miscellaneous Petition is allowed. HMOP.No.38 of 2023 on the file of Principal Senior Civil Judge’s Court, Kovvur of East Godavari District is hereby withdrawn and transferred to Senior Civil Judge’s Court, Nandigama of Krishna District. The Principal Senior Civil Judge’s Court, Kovvur shall transmit the case records in HMOP.No.38 of 2023 after duly indexed to Senior Civil Judge’s Court, Nandigama as expeditiously as possible. Both parties shall appear before the Senior Civil Judge’s Court, Nandigama on 14.07.2023. No order as to costs. Consequently, miscellaneous petitions if any, shall stand closed. Interim Stay if any, granted shall stand vacated.

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JUSTICE BANDARU SYAMSUNDER