ORDER:

I have heard learned counsel for the petitioner. Mr. A. Ravi Shankar. None appeared for the respondent.

2. This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife under Section 24 of Civil Procedure Code (in short “CPC”) seeking transfer of F.C.O.P. No.154 of 2021 on the file of V Additional District Judge-cum-Family Court at Tirupathi to Family Court, Srikakulam.

3. The case of the petitioner in brief is that her marriage with the respondent solemnized on 16.04.2014 in a function hall at Tirupathi as per Hindu rites and customs prevailing in their community. The petitioner submits that out of wedlock, she blessed with two children, now aged 8 years and 6 years respectively. The petitioner alleged that from the date of marriage, respondent used to harass her physically and mentally and he used to beat her in the presence of children, though he is aware that she is not doing well and undergoing treatment. The petitioner submits that her parents’ have also provided medical treatment to her at CMC Vellore as her health was deteriorated and after informing the respondent and she was taken to Srikakulam, where she is residing along with her children in her parents’ house. The main contention of the petitioner is that respondent anticipated that she may file case claiming maintenance, filed F.C.O.P. No. 154 of 2021 on the file of V Additional District Judge-cum-Family Court at Tirupathi for restitution of conjugal rights. It is also the contention of the petitioner that she has no source of income to travel to Tirupathi for every date of adjournment, due to her ill health as she has to look after two minor children. She submits that she filed F.C.M.C. No.23 of 2022 on the file of III Additional District Judge -cum- Family Court, Srikakulam claiming maintenance to herself and her children from the respondent which is pending. She prays to allow the petition.

4. The learned counsel for the petitioner would submit that as per the averments in the petition filed by the respondent under Section 9 of Hindu Marriage Act, which itself shows that petitioner is suffering from ill health, due to that she is not in a position to travel from Srikakulam to Tirupathi to defend the case filed by the respondent for restitution of conjugal rights. He would further submit that, previously petitioner and respondent have resided at Vellore where respondent subjected the petitioner to physical harassment, due to that, she was also taken to CMC Vellore for medical treatment. It is the contention of the learned counsel for petitioner that as petition filed by the petitioner seeking maintenance for herself and her children from the respondent is pending before Family Court, Srikakulam, the petition filed by the respondent seeking restitution of conjugal rights has to be transferred to the Family Court, Srikakulam to avoid any conflicting decisions. He prays to allow the petition.

5. The respondent has not chosen to appear though notice sent to him to the address shown in the petition filed by him under Section 9 of Hindu Marriage Act before Family Court, Tirupathi.

6. It is not in dispute that now, the petitioner along with her two minor children staying in her parents’ house at Srikakulam, whereas respondent who gainfully employed residing at Tirupathi town filed petition under Section 9 of Hindu Marriage Act for restitution of conjugal rights. The petitioner filed a copy of petition filed by her husband under Section 9 of Hindu Marriage Act, which itself shows that petitioner is suffering from ill health for which she was also taken to CMC Vellore for medical treatment. When admittedly petitioner is suffering from ill health who is now residing in her parents’ house at Srikakulam along with her minor children, certainly it is difficult for her to travel from Srikakulam to Tirupathi to defend the petition filed by the respondent in F.C.O.P. No. 154 of 2021 on the file of Family Court, Tirupathi.

7. It is consistent view of Hon’ble Ape