O R D E R:

I have heard learned counsel Mr.D.Dora Babu, representing on behalf of Mr.V.R.Reddy Kovvuri, learned counsel for the petitioner as well as leaned counsel Mr.K.Arjun, representing on behalf of Mr.Harish Kumar Rasineni, learned counsel for the respondent.

2. 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 DOP.No.14 of 2021 on the file of VI Additional District Judge’s Court at Gooty of Anantapuramu District to II Additional District Judge’s Court, at Proddatur of Y.S.R.Kadapa District, on the ground that her husband filed petition, seeking divorce with false grounds, wherein she also filed counter, but due to serious ill-health as she underwent Kidney transplantation surgery, she is not in a position to travel from Kanneluru village, Jammalamadugu mandal of Y.S.R.Kadapa District to Gooty town to depose before the Court. She prays to allow the petition.

3. The learned counsel, representing the petitioner would submit that the petitioner is suffering from serious ill-health, and she is not in a position to travel to attend the Court at Gooty to depose in a divorce petition filed by her husband. He would further submit that the respondent filed divorce petition, wherein he categorically stated with regard to ill-health of the petitioner. He prays to allow the petition.

4. The learned counsel, representing the respondent would submit that enquiry in the petition already commenced, wherein the petitioner’s side evidence is closed, and now the case is coming up for examination of the witnesses by appointment of Advocate- Commissioner, in those circumstances the case may be continued in the same Court, which can be disposed of as expeditiously as possible. For which, the learned counsel, representing the petitioner would submit that the enquiry in the divorce petition is already commenced, due to ill- health of the petitioner, her presence before the Court for each and every adjournment may be dispensed with.

5. After considering the submissions made by both sides, as admittedly the enquiry in the divorce petition filed by the respondent/husband is already commenced before VI Additional District Judge’s Court at Gooty, wherein the evidence of the respondent was said to be closed, and the case is coming up for recording the evidence of the witnesses by appointing Advocate- Commissioner, it is desirable to continue the case in the same Court for expeditious disposal of the case. As admittedly, the petitioner is suffering from ill-health, her physical presence can be dispensed with for each and every adjournment, as she already engaged a counsel and filed counter in the divorce petition filed by her husband.

6. In the result, this Transfer Civil Miscellaneous Petition is disposed of with a direction to VI Additional District Judge, at Gooty of Anantapuramu District to continue the enquiry in DOP No.14 of 2021, and the learned Judge shall not insist the physical presence of the petitioner/wife for each and every adjournment, and the learned Judge shall also consider the request of the petitioner for appointment of Advocate-Commissioner for recording her evidence for speedy disposal of the case. The learned Judge, VI Additional District Court, at Gooty shall dispose of DOP No.14 of 2021 within a period of Six (06) months from the date of receipt of Orders of this Court in the present petition. With the above directions, this Transfer Civil Miscellaneous Petition is disposed of. 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 Date :05.07.2023 Bsv THE HON’BLE SRI JUSTICE BANDARU SYAMSUNDER Tr.CMP No.86 of 2023 Date : 05.07.2023 Bsv