ORDER:

This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife against the respondent/husband under Section 24 of Civil Procedure Code (in short “CPC”), seeking transfer of F.C.O.P.No.2030 of 2022 on the file of V Additional District Judge’s Court, Visakhapatnam to Senior Civil Judge’s Court, Tadepalligudem.

2. The contention of the petitioner/wife is that her marriage with respondent was solemnized on 29.01.2020 in a temple at Tadepalligudem, West Godavari District and thereafter she joined her husband and blessed with a female child on 26.11.2020. The petitioner submits that child was born with certain health problem, due to that, the treatment was provided to her in a hospital at Chennai, but, medical officers advised that there is no treatment for the disease of the child and thereafter, the respondent alleged to have tried to kill the daughter during the treatment when the doctors opined that there is no treatment for such disease.

3. During the course of hearing, learned counsel for the petitioner would submit that the petitioner is seeking transfer of restitution of conjugal rights petition filed by the respondent from Family Court, Visakhapatnam to Senior Civil Judge Court, Tadepalligudem and the petitioner has no objection for transferring the case to Family Court at Rajamahendravaram which is at the distance of only 35 Kms from Tadepalligudem.

4. Learned Counsel Mr P.Rama Rayudu representing on behalf of the Mr Bodluru Srinivasa Rao, learned counsel for the respondent submits that the respondent is working as Software Engineer at Banglore and prays to pass necessary orders.

5. After considering the contentions raised by both sides, the fact remains is that now the petitioner is staying in her parents’ house at Tadepalligudem Town having child aged 2 ‰ years suffering from serious ill health. Due to that it is difficult for her to travel from Tadepalligudem Town to Visakhapatnam to attend Family Court at Visakhapatnam. The Respondent/husband is also working as Software Engineer at Banglore and he has to attend the Court at Visakhapatnam where he filed petition seeking restitution of conjugal rights and admittedly, Rajamahendravaram is nearer to Banglore City when distance compared to Visakhapatnam City.

6. After considering the convenience of both sides, it is desirable to transfer F.C.O.P.No.2030 of 2022 from Family Court-cum-V Additional District Judge, Visakhapatnam to Family Court at Rajamahendravaram.

7. In the result, this Transfer Civil Miscellaneous Petition is allowed in part. F.C.O.P.No.2030 of 2022 on the file of Family Court-cum V Additional District Judge, Visakhapatnam is hereby withdrawn and transferred to Family Court, Rajamahendravaram. The learned Judge, Family Court, Visakhapatnam shall transmit case records in F.C.O.P.No.2030 of 2022 after duly indexed to the Family Court, Rajamahendravaram within a period of two(2) weeks from the date of receipt of order of this Court in the present petition. The learned Judge, Family Court, Rajamahendravaram shall re-register the case and he shall also explore the possibility of amicable settlement of disputes between the parties through counseling or conciliation as per the procedure laid down under law. The learned Judge, Family Court, Rajamahendravaram shall not insist physical presence of both parties before the Court when they engages an advocate except whenever it is necessary or during the course of enquiry or at the time of recording their evidence. The Judge, Family Court, Rajamahendravaram shall also consider to post the case on any second Saturday or Sunday with the consent of both sides. No order as to costs.

Consequently, miscellaneous petitions if any, shall stand closed. Interim stay granted if any, shall stand vacated.

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JUSTICE BANDARU SYAMSUNDER Date :03.04.2023 TM THE HON’BLE SRI JUSTICE BANDARU SYAMSUNDER Tr.C.M.P.No.385 of 2022 Date : 03.04.2023 TM