ORDER:

I have heard learned counsel Ms. Savithri, representing on behalf of Mr. M. Sree Rama Rao, learned counsel for the petitioner as well as learned counsel for the respondent, Mr.V. Siva Prasad Reddy.

2. This is wife’s petition filed under Section 24 of Code of Civil Procedure (in short “CPC”), seeking transfer of F.C.O.P. No.101 of 2023 from VI Additional District & Sessions Judge - cum - Family Court, Nellore to Family Court, Visakhapatnam, on the ground that now she is working as a Manager (HR), in Visakhapatnam Steel Plant, Visakhapatnam, residing along with her minor child aged 18 months. The petitioner submits that the respondent is working as a Software Engineer in WIPRO Company, Bangalore, Karnataka State and doing work from home, filed a petition seeking divorce before Family Court, Nellore with false grounds. It is also the contention of the petitioner that she filed a petition under Section 125 Cr.P.C., claiming maintenance to herself and her minor child before the Family Court, Visakhapatnam. She submits that as she is working as a Manager (HR) in Steel Plant, it is difficult for her to travel at a distance of 700 kms from Visakhapatnam to Nellore to put forth her defence in a divorce petition filed by her husband. She prays to allow the petition.

3. The respondent filed counter affidavit denying averments in the affidavit of the petitioner. It is the contention of the respondent that he is having old aged parents and his mother is suffering from cancer, who requires dialysis regularly and his father is also heart patient, who also needs treatment every month, due to that he is not in a position to travel from Nellore to Vishakhapatnam, if the request of the petitioner to transfer the case is considered. The respondent submits that the petitioner is having own house and properties at Nellore town and he also received threat calls from Visakhapatnam and he has no safety to his life, if he attends the Court at Visakhapatnam. He prays to dismiss the petition.

4. The learned counsel for the respondent would submit that the parents of the respondent are suffering from ill health and mother of the respondent is undergoing chemotherapy treatment being a cancer patient, due to that it is difficult for the respondent to travel from Nellore to Visakhapatnam, if the request of the petitioner to transfer the case is considered. He prays to dismiss the petition.

5. Admittedly, now the petitioner is working as a Manager (HR) in Steel Plant, Visakhapatnam staying along with her minor child now aged 18 months, whereas the respondent is admittedly, working as a Software Engineer at Bangalore, now doing work from home and staying at Nellore. When petitioner is working as a Manager (HR) in Steel Plant, Visakhapatnam and also, she has to look after her minor child, aged 18 months certainly, it would be difficult for her to travel from Visakhapatnam to Nellore to put forth her defence in a divorce petition filed by her husband, whereas the respondent is admittedly working at Bangalore, due to work from home mode, he is now said to be residing at Nellore, where he filed the petition seeking divorce. It is the consistent view of the Hon’ble Apex Court that in matrimonial proceedings, the convenience of the wife has to be considered than the inconvenience of the husband. The Hon’ble Apex Court in Sangeetha alias Shreya Vs. Prasant Vijay Wargiya1, while dealing with the similar facts held that between husband and wife, the inconvenience of the wife must prevail particularly when the wife has a 21/2 year - old child. There are grounds to consider the request of the petitioner to transfer of F.C.O.P. No.101 of 2023 from VI Additional District & Sessions Judge -

cum - Family Court, Nellore to Family Court, Visakhapatnam.

6. In the result, this Transfer Civil Miscellaneous Petition is allowed. F.C.O.P. No.101 of 2023 on the file of VI Additional District & Sessions Judge -cum - Family Court, Nellore is hereby withdrawn and transferred to Princ