ORDER:

I have heard learned counsel for the petitioner, Mr.

P. Rajkumar. None appeared for the respondent, though notice has been served to the respondent through registered post.

2. This is wife’s petition seeking transfer of F.C.O.P.No.279 of 2021 on the file of V Additional District Judge-cum-Family Court, Tirupati to Family Court, Visakhapatnam on the ground that now she is residing in her parents’ house at Visakhapatnam along with her minor son whereas the respondent though working as a Software Engineer at Bangalore chosen to file petition seeking for divorce before Family Court, Tirupati with false allegations. The main contention of the petitioner is that distance between the Visakhapatnam to Tirupati is about 700 KM, due to that, it is difficult for her to travel to Tirupati to put forth her defence in a divorce petition filed by her husband. The petitioner also submits that as she lodged a report before S.H.O., Disha Women Police

2 BSS, J Station, Visakhapatnam, the respondent chosen to file divorce petition with false allegations. She prays to allow the petition.

3. The learned counsel for the petitioner would submit that though the petitioner and respondent worked as Software Engineers at Bangalore, now, the petitioner is residing in her parents’ house at Visakhapatnam where she already lodged a report against the respondent, as she was subjected to harassment on demand of additional dowry. He prays to allow the petition.

4. The respondent received notice not chosen to file any counter-affidavit denying the allegations made against him in the affidavit of the petitioner.

5. It is not is dispute that now the petitioner/wife is residing in her parents’ house along with her minor child at Visakhapatnam, which is at a distance of about 700 KM from Tirupati town. It is the consistent view of the Hon’ble Apex Court that in respect of matrimonial proceedings the convenience of the wife has to be considered than inconvenience of the husband.

6. There are grounds to transfer of F.C.O.P.No.279 of 2021 from Family Court, Turupati to Principal Family Court, Visakhapatnam with a direction to the Family Court, Visakhapatnam.

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7. In the result, this transfer civil miscellaneous petition is allowed. The F.C.O.P.No.279 of 2021 on the file of V Additional District Judge-cum-Family Court, Tirupati is hereby withdrawn and transferred to Principal Family Court, Visakhapatnam. The learned V Additional District Judge-cum-Family Court, Tirupati shall transmit the case records in F.C.O.P.No.279 of 2021 duly indexed as expeditiously as possible to Principal Family Court, Visakhapatnam within two (02) weeks from the date of receipt of orders of this Court in the present petition.

8. On receiving the case records, the learned Principal Family Court, Visakhapatnam shall not insist physical appearance of the respondent for each and every adjournment, if he engages an advocate and he can insist physical appearance of the respondent whenever required during the course of enquiry or trial.

9. Both parties shall appear before the Principal Family Court, Visakhapatnam on 13.08.2023 at 10.30 AM. No order as to costs.

Consequently, miscellaneous petitions, if any, shall stand closed. The interim stay granted, if any shall stand vacated.

____________________________________ JUSTICE BANDARU SYAMSUNDER Date: 11.07.2023

Pmk

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185 ANDARU SYAMSUNDER THE HON’BLE SRI JUSTICE B TRANSFER CIVIL MISCELLANEOUS PETITION NO.157 OF 2022 Date: 11.07.2023 Pmk