O R D E R:

I have heard Mr.Simhachalam Karukola. None appeared for the respondent, though notice sent to the respondent through registered post, which delivered to him.

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 HMOP.No.103 of 2022 on the file of Senior Civil Judge’s Court, Sompeta, Srikakulam District to Additional Family Court, Visakhapatnam.

3. Admittedly, the marriage of the petitioner with the respondent solemnized on 30.10.2020 at Visakhapatnam, as per Hindu rites and customs prevailing in their community, and the marriage was consummated, out of wedlock, one female child was born to the petitioner on

15.10.2021, who is now under the care and custody of the petitioner. The petitioner alleged that the respondent addicted to bad vices, harassed her on demand of additional dowry, and then she lodged a report before the Station House Officer, DISHA police station, who registered the case against the respondent for the offences punishable under Sections 498-A and 323 of IPC, and Sections 3 and 4 of Dowry Prohibition Act on 20.04.2022. The petitioner submits that the respondent is said to be working in Indian Army at Haryana, whereas the petitioner is now residing in her parents’ house at Visakhapatnam, but the respondent filed petition under Section 9 of the Hindu Marriage Act in HMOP No.103 of 2022 on the file of Senior Civil Judge’s Court, Sompeta for restitution of conjugal rights. It is the contention of the petitioner that the respondent filed petition under Section 9 of the Hindu Marriage Act with false averments, wherein she made appearance and the matter is coming up for filing of counter. The main contention of the petitioner is that now she is residing in her parents’

house at Visakhapatnam, which is at a distance of 227 kms from Sompeta, and she has no source of income or assistance to travel to Sompeta along with minor child to attend before Senior Civil Judge’s Court, Sompeta to put-

forth her defense. She prays to allow the petition.

4. The learned counsel for the petitioner would submit that though the respondent is working in Indian Army at Haryana State, chosen to file petition before Senior Civil Judge’s Court, Sompeta though marriage between the parties solemnized at Visakhapatnam. He would further submit that the petitioner being a woman, having minor child is residing in her parents’ house at Visakhapatnam, and she has no source of income to travel a distance of 227 kms to attend the Court at Sompeta. He prays to allow the petition.

5. A perusal of records shows that the petitioner is residing in her parents’ house at Visakhapatnam, whereas the respondent is working in Indian Army, Maneswar, Gurgaon, Haryana State said to be permanent resident of Mandasa mandal, Srikakulam District, within the territorial jurisdiction of Senior Civil Judge’s Court, Sompeta. The petitioner also filed FCOP No.297 of 2023 under Section 125 of Cr.P.C, seeking maintenance from the respondent to herself and her minor child, and she also lodged a report before the Station House Officer, DISHA police station on 20.04.2022, which is prior to filing of petition, seeking for restitution of conjugal rights by the respondent/husband. When the respondent is residing at Haryana State, which makes no difference for him to attend the Court either at Sompeta, or at Visakhapatnam. Whereas, the petitioner being a woman, having minor child certainly it is difficult for her to travel from Visakhapatnam to Sompeta to put-forth her defense in the petition filed by the respondent. Even otherwise, the petitioner also filed petition under Section 125 of Cr.P.C, seeking maintenance to herself and her minor child from the respondent, which is now pending before Additional Family Court, Visakhapatnam.

6. After considering the facts and circumstances and ground on which the petitioner is seeking transfer of the case, and after considering