ORDER:

I have heard the learned counsel for the petitioner, Mr. P.

Vivek. None appeared for the respondent, though notice sent to respondent to the address shown in the divorce petition filed by him. The learned counsel for the petitioner filed memo along with postal cover having endorsement that addressee left. Notice also sent to counsel for the respondent, who filed divorce petition which is said to be delivered, as per postal track report filed by the learned counsel for the petitioner.

2. This transfer civil miscellaneous petition is filed praying for transfer of O.P.No.75 of 2023 on the file of X Additional District Judge, Narasapur to Principal District and Sessions Judge Court, Rajamahendravaram.

3. The petitioner is the wife, the respondent/husband filed O.P.No.75 of 2023, for dissolution of the marriage under Section 10 of the divorce Act 1869 on the file of X Additional District Judge, Narasapur. The parties are Christians. It is stated in the affidavit filed in support of the transfer civil miscellaneous petition that the

2 BSS, J marriage of the parties was held on 05.09.2012, as per Christian rites and customs at Narasapur of West Godavari District and thereafter, the petitioner joined the respondent at Narasapur and the petitioner gave birth to a male child, now aged 8 years. It is the contention of the petitioner that due to harassment of the respondent and her in-laws, on demand of additional dowry and the respondent necked her out from matrimonial home in the year 2022, she has been living in her parents’ house at Rajamahendravaram, which is at a distance of 100 KM from Narasapur. It is also the contention of the petitioner that she has to look after her minor child who is studying Ist standard and her mother is suffering from ill-health, aged 60 years and her father is no more and she is also having threat to her life, if she attends the Court at Narasapur. She prays to allow the petition.

4. It is not in dispute that now the petitioner along with her minor child is residing in her parents’ house at Rajamahendravaram. The respondent not chosen to file any counter affidavit denying the averments in the affidavit of the petitioner, with regard to the allegations made against him. When the petitioner is looking after her minor child who is staying in her parents’ house, having no source of income, certainly it would be difficult for her to attend the Court at Narasapur.

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5. It is consistent view of Hon’ble Apex Court that in respect of matrimonial proceedings, the convenience of wife has to be considered. Though marriage of the petitioner with the respondent was solemnized within the territorial jurisdiction of District Court, Narasapur and couple resided at Chinthaparru Village of Palakollu Mandal of West Godavari District, powers which can be exercised by this Court under Section 24 of Code of Civil Procedure, the grounds on which the petitioner seeking for transfer is tenable and can be considered.

6. In the result, this transfer civil miscellaneous petition is allowed. The O.P.No.75 of 2023 on the file of X Additional District Court, Narasapur is hereby withdrawn and transferred to the Principal District and Sessions Court, Rajamahendravaram. The learned X Additional District Court, Narasapur shall transmit the case records in O.P.No.75 of 2023 to the Principal District and Sessions Court, Rajamahendravaram duly indexed as expeditiously as possible within a period of three (03) weeks from the date of receipt of orders of this Court in the present petition.

Both parties shall appear before the Principal District and Sessions Court, Rajamahendravaram on 04.08.2023 at 10.30 AM.

No order as costs.

4 BSS, J Consequently, miscellaneous petitions, if any, shall stand closed. The interim stay granted if any, shall stand vacated.

____________________________________ JUSTICE BANDARU SYAMSUNDER Date: 28.06.2023 Pmk

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202 ANDARU SYAMSUNDER THE HON’BLE SRI JUSTICE B TRANSFER CIVIL MISCELLANEOUS PETITION NO.129 OF 2023 D