ORDER:

I have heard Mr. Shoba Naidu, learned counsel, representing on behalf of Mr. A Sai Rohith, learned counsel for the petitioner.

None appeared for the respondent though served with notice.

2. This is wife’s petition underSection 24 of Code of Civil Procedure (in short C.P.C), seekingtransfer of F.C.O.P No. 1207 of 2021on the file of XIV Additional District and Sessions Court-cum- Family Court, Vijayawada to Family Court-cum-VIII Additional District and Sessions Court, Ongole, on the ground that now she is residing in her parents house at Bellampalli Village of Prakasam District along with minor child aged 3 years. The petitioner submit that she has no source of income and male support to travel a distance of 132 Kms from her parents village to Vijayawada to put forth her defence in the petition filed by the husband for restitution of conjugal rights. The petitioner submits that she lodged a report against the respondent before the SHO, MaddipaduVillage of Prakasam District on 19.08.2021 for the offences punishable under Sections 498-A r/w 34 IPC and Sections 3 and 4 of Dowry Prohibition Act, wherein after due investigation, SHO filed charge

2 BSS, J sheet before the Special Mobile Court, Ongole, vide CC No.2114of 2021. It is the contention of the petitioner that as she lodged a report against the respondent, he has chosen to file a petition for restitution of conjugal rights on 26.08.2021with false grounds. She prays to allow the petition.

3. Learned counsel for the petitioner would submit that as petitioner lodged report against the respondent on 19.08.2021, the respondent chosen to file petition of restitution of conjugal rights on 26.08.2021 only to cover his laches. He would further submit that petitioner is now residing in her parents’ house along with child aged 3 years having no male support, due to that it is difficult for her to travel from her parents’ village to Vijayawada city to contest the petition filed by the respondent for restitution of conjugal rights. He prays to allow the petition.

4. A perusal of copy of the petition filed by the respondent under Section 9 of Hindu Marriage Act itself shows that the marriage between the parties solemnized on 15.08.2018 as per Hindu rites and customs prevailing in their community at MallavaramVillage, MaddipaduMandal, Prakasam District which is parents place of the petitioner and thereafter the petitioner joined the respondent and they have blessed with female child on 07.10.2020, now aged 3 years who is under the care and custody of petitioner/wife. It is the

3 BSS, J consistent view of Hon’ble Apex Court that in Matrimonial Proceedings, convenience of the wife has to be considered than the inconvenience of the husband, when wife has a child aged 3 years (videratio laid down in (Sangeeta @ Shreya Vs. Prasant Vijay Wargiya1.

5. In the present case also admittedly, petitioner is now residing in her parents house along with her minor child aged 3 years, certainly it would be difficult for her to travel from her parents village to Vijayawada city to putforth her defence in the petition filed by the respondent for restitution of conjugal rights. There are grounds to consider the request of the petitioner to transfer F.C.O.P No. 1207 of 2021 from XIV Additional District and Sessions Court-cum-Family Court, Vijayawada to Family Court-

cum-VIII Additional District and Sessions Court, Ongole

6. In the result, transfer civil miscellaneous petition is allowed. F.C.O.P No. 1207 of 2021on the file of XIV Additional District and Sessions Court-cum-Family Court, Vijayawada is hereby withdrawn and transferred to Family Court-cum-VIII Additional District and Sessions Court, Ongole. The learned Judge, Family Court, Vijayawada shall transmit the case records in F.C.O.P No. 1207 of 2021 to Family Court, Ongole, duly indexed, as

1 (2004) 13 SCC 407

4 BSS, J expeditiously as possible, within a period of three (3) weeks from the date of receipt of order of this Court in the present petition. Both part