ORDER:

Notice sent to learned counsel representing the respondent in F.C.O.P.No.867 of 2016 on the file of Additional Family Court, Visakhapatnam said to be delivered as per postal track report filed by the learned counsel for the petitioner. Notice sent to respondent to the address shown by him in F.C.O.P.No.867 of 2016 returned with an endorsement in the postal cover that “no such person in the door number” and returned to the sender. Hence, it is deemed that notice has been served to the respondent in the present petition.

2. I have heard learned counsel, Mr. P. Gopala Krishna representing on behalf of Smt. Y. Malathi, learned counsel for the petitioner.

3. This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife under Section 24 of Code of Civil Procedure (in short „CPC‟) seeking transfer of F.C.O.P.No.867 of 2016 from

2 BSS, J Additional Family Court, Visakhapatnam to Family Court, Vizianagaram.

4. The case of the petitioner in brief is that her marriage with the respondent was solemnized on 17.04.2014 in a function hall at Vizianagaram Town as per caste customs prevailing in their community. The petitioner submits that after the marriage, she joined the respondent to lead conjugal life, but she alleged that she was subjected to physical and mental harassment by the respondent on demand of additional dowry, due to that, now she is residing in her parents‟ house at Vizianagaram Town. The petitioner alleged that respondent with a malafide intention to marry another lady filed F.C.O.P.No.867 of 2016 on the file of Additional Family Court, Visakhapatnam for seeking divorce, wherein she appeared and filed counter and now the matter is coming up for her cross-examination which posted to 26.04.2023. The main contention of the petitioner is that the respondent is a private employee, who is getting income of Rs.50,000/- per month besides having movable and immovable properties having sufficient means to provide separate maintenance to her but, intentionally neglected to maintain her and then she filed F.C.M.C.No.04 of 2022 on the file of Family Court, Vizianagaram seeking maintenance on

3 BSS, J

14.03.2022, wherein in spite of paying process fee for service of notice to the respondent for several times, which he avoided to receive the same. The petitioner submits that to attend the Court at Visakhapatnam from Vizianagaram which is causing hardship to her as she is no source of income and respondent is not paying any maintenance to her and her parents now became old, they are not in a position to bare her expenses to attend before the Court at Visakhapatnam. She prays to transfer F.C.O.P.No.867 of 2016 from Additional Family Court, Visakhapatnam to Family Court, Vizianagaram.

5. The learned counsel representing the petitioner would submit that though F.C.O.P.No.867 of 2016 is coming up for cross- examination of petitioner herein as she was respondent in the said petition, the respondent is not attending the Court only with an intention to avoid receiving the notice in F.C.M.C.No.04 of 2022 filed by the petitioner seeking maintenance. He would further submit that to avoid the payment of maintenance to the petitioner, respondent though engaged an advocate is not attending the Court at Visakhapatnam in spite of petitioner paid process fee in F.C.M.C.No.04 of 2022 notice not served to the respondent, due to that, the petitioner is not in a position to bare the travel and other

4 BSS, J expenses to attend the Court at Visakhapatnam. He prays to allow the petition.

6. Admittedly, marriage of the petitioner with the respondent was solemnized on 17.04.2014 at Vizianagaram Town. It is not in dispute that the respondent filed petition in F.C.O.P.No.867 of 2016 on the file of Additional Family Court, Visakhapatnam seeking decree of divorce, wherein enquiry has been commenced, now the said case is coming up for cross-examination of the petitioner herein as RW-1. The main contention of the petitioner is that she also filed F.C.M.C.No.04