ORDER:

I have heard learned counsel for the petitioner Mr. Suresh Kumar Reddy. Learned counsel for the petitioner filed a memo before the Registry along with returned postal covers having endorsement on one cover that “addressee refused H/R to sender”, and another postal cover returned with endorsement that “no such person in the door number”. Notice to the respondent is sent to the address shown by him in the F.C.O.P No.773 of 2022. None appeared for the respondent.

2. This is wife’s petition under Section 24 of Code of Civil Procedure (in short C.P.C), seeking transfer of F.C.O.P No.773 of 2022 on the file of Family Court-cum-XIV Additional District Court, Vijayawada to Family Court, Tirupati, on the ground that now she is residing in her parents’ house at Chittoor town where she already filed D.V.C No.21 of 2020 on the file of III Additional Judicial Magistrate of First Class, Chittoor and M.C No.17 of 2020 on the file of IV Additional Munsif Magistrate, Chittoor, seeking maintenance from the respondent, whereas the

2 BSS, J respondent/husband filed F.C.O.P No.773 of 2022 on the file of Family Court-cum-XIV Additional District Court, Vijayawada, seeking for divorce with false grounds. The petitioner submits that she has no male assistance to travel a distance of 500 Kms from Chittoor to Vijayawada to put forth her defence in the divorce petition filed by the husband. It is also the contention of the petitioner that she has got threat to her life in the hands of the respondent, if she visits the Courts at Vijayawada. She prays to allow the petition.

3. The respondent not chosen to appear to put forth his defence denying the allegations made against him in the affidavit of the petitioner. The marriage between the petitioner and respondent was solemnized on 14.11.2013 in a function hall at Chittoor town as per Hindu rites and customs prevailing in their community. It is also not in dispute that the petitioner filed D.V.C No.21 of 2020 and M.C No.17 of 2020, which are pending at Chittoor, where the respondent has to appear to put forth his defence if any. The respondent is said to be working in South Central Railways and the petitioner is house maker not having any source of income, certainly it would be difficult to travel from Chittoor town to Vijayawada city to put forth her defence in a divorce petition filed by the husband. In matrimonial proceedings, the convenience of the wife has to be

3 BSS, J considered than the inconvenience of the husband. When cases are pending before the Courts at Chittoor, if divorce petition filed by the husband also transferred, it is convenient for both parties to put forth their respective contentions. Though petitioner sought transfer of F.C.O.P No.773 of 2022 from Family Court-cum-XIV Additional District Court, Vijayawada to Family Court, Tirupati, as admittedly the petitioner is residing at Chittoor, where two cases are pending as no Family Court is there in Chittoor, divorce petition filed by the respondent can be transferred to Principal Senior Civil Judge Court, Chittoor.

4. In the result, petition is allowed. F.C.O.P No.773 of 2022 on the file of Family Court-cum-XIV Additional District Court, Vijayawada is hereby withdrawn and transferred to Principal Senior Civil Judge Court, Chittoor, where there is no Family Court. The learned Judge, Family Court-cum-XIV Additional District Court, Vijayawada , shall transmit the case records in F.C.O.P No.773 of 2022 to Principal Senior Civil Judge Court, Chittoor, duly indexed, as expeditiously as possible, within a period of two (2) weeks, from the date of receipt of order of this Court in the present petition. Both parties shall appear before Principal Senior Civil Judge Court, Chittoor, on 09.02.2024 at 10.30 am. No order as to 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: 22.01.2023 RSD

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