ORDER:

I have heard learned counsel, Mr. Mahesh representing on behalf of Ms. J. Sujatha, learned counsel for the petitioner.

2. This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife under Section 24 of Code of Civil Procedure (in short „CPC‟) seeking transfer of D.O.P.No.1384 of 2022 from XI Additional District and Sessions Court, Guntur at Tenali to Principal Family Court, Vijayawada.

3. The case of the petitioner/wife in brief is that her marriage with respondent was solemnized on 18.05.2017 in a function hall at Tenali as per caste customs prevailing in Christian Community. After the marriage both are said to be resided at Tenali Town of Guntur District and the marriage was duly consummated. The petitioner alleged that she was subjected to harassment by the respondent and his parents on demand of additional dowry, due to that, she lodged a report before S.H.O., Nunna Police Station on 14.10.2022, who registered the case against the respondent and

2 BSS, J his parents for the offences punishable under Sections 498-A, 506 IPC and Sections 3 & 4 of Dowry Prohibition Act. The main contention of the petitioner is that now, she is a Junior Doctor, residing in her parents‟ house at Vijayawada, who also filed petition in F.C.O.P.No.1815 of 2022 on the file of XIV Additional District Judge-cum-Family Court, Vijayawada under Section 7(1)(C)of Family Court‟s Act for return of her stridhana property and filed D.V.C before I Additional Chief Metropolitan Magistrate and filed maintenance case against the respondent, which are pending. The petitioner submits that the respondent filed F.C.O.P.No.1384 of 2022 on the file of XI Additional District and Sessions Judge Court, Guntur at Tenali seeking divorce with false allegations. Now, the petitioner is seeking for transfer of the case, on the ground that she is working as Junior Doctor, she has to attend her patients day to day, due to that, it is very inconvenient for her to attend the Court at Tenali and she also filed cases, which are pending before Family Court, Vijayawada where the petitioner has to attend. She prays to allow the petition.

4. The learned counsel for the petitioner would submit that the respondent having deserted the petitioner to cover up his latches filed petition seeking for divorce with false allegations, which is

3 BSS, J pending before XI Additional District and Sessions Judge, Guntur at Tenali, as petitioner previously lodged a report before S.H.O., Nunna Police Station against the respondent and her in-laws. He prays to allow the petition.

5. Though notice served to the respondent, none appeared, who also failed to file any counter-affidavit denying the averments in the affidavit of the petitioner which are unchallenged. Admittedly, petitioner is a Medical Doctor by profession, who is now residing in her parents‟ house at Vijayawada, who already lodged a report before S.H.O., Nunna Police Station alleging that the respondent and her in-laws harassed her on demand of additional dowry, who also filed petition before the Family Court seeking return of stridhana property. After considering the fact that other cases filed by the petitioner pending before Family Court, Vijayawada as in respect of matrimonial proceedings, the inconvenience of wife has to be considered in view of ratio laid down by Hon‟ble Apex Court in N.C.V.Aishwarya, Appellant Vs A.S.Saravana Karthik Sha 1 where in it is held that “when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are

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4 BSS, J interdependent, it is desirable that they should be tried together by the same Judge”.

6. Therefore, this Court is of the opinion that there are grounds to transfer F.C.O.P.No.1384 of 2022 on the file of XI Additional District and Sessions Court, Guntur at Tenali to XIV Additional District Court-cum-Family Court, Vijayawada.

7. In the result, Transfer Civil Miscell