ORDER:

This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife under Section 24 of Civil Procedure Code (in short “CPC”) seeking transfer of H.M.O.P. No.04 of 2022 (old H.M.O.P.No.20 of 2018) on the file of Senior Civil Judge Court, Dhone, Kurnool District to Family Court, Tirupathi, on the ground that now the petitioner is residing at Tirupathi, along with her two (2) daughters, and she is suffering from High Blood Pressure, Diabetes, Knee pains and other old age related problems. The petitioner submits that she cannot travel a distance of 350 K.m., to put forth her defence in the divorce case filed by her husband. The respondent/husband filed counter affidavit denying the averments made in the affidavit of the petitioner. It is the contention of the respondent that there are no sufficient grounds to transfer the case from Senior Civil Judge Court, Dhone, Kurnool District to Family Court, Tirupathi. The main contention of the respondent/husband is that he underwent bypass surgery and medical officers advised him not to travel a long distance much like 200 K.m., due to the serious health condition, he is not in a position to travel to Tirupathi. He prays to dismiss the petition.

2. I have heard Mr. K. Karnati Chaitanya, learned counsel for the petitioner as well as Mr. Aditya Harsha Vardhan, learned counsel representing M/s. Pillix Law Firm.

3. Learned counsel for the petitioner would submit that though no part of cause of action arose within the jurisdiction of Senior Civil Judge Courts, at Dhone or Kurnool, respondent chosen to file divorce petition at Kurnool, as on the date of registration of divorce petition, the respondent was working as Senior Civil Judge, Sompet, Srikakulam District where as the petitioner/wife is residing at Tirupathi of Chittoor District. He would further submit that previously respondent/husband contested maintenance case filed by the petitioner/wife which was allowed by the Family Court, Tirupathi directing the respondent to pay a maintenance, which he is not regularly paying. He prays to allow the petition.

4. Learned counsel for the respondent would submit that though the respondent contested the maintenance case filed by the petitioner/wife, after passing of orders in maintenance case, respondent underwent bypass surgery on 23.06.2022, at Hyderabad, due to that now he is not in a position to travel the distance of more than 200 K.m., as per medical advice.

5. After hearing the learned counsel on both sides, it is noticed that previously the petitioner/wife engaged a counsel when the divorce petition was pending on the file of Senior Civil Judges Court, Kurnool, before establishing SeniorCivil Judges Court, at Dhone, where she also filed counter.

6. The learned counsel for the petitioner would submit that respondent being a retired Judicial officer having practiced at Dhone due to that it is difficult for the petitioner to get effective legal assistance to prosecute her case. After considering the facts and circumstances of the case, admittedly the respondent underwent bypass surgery who is not in a position to travel a long distance, as per medical advice and when previously the petitioner/wife engaged a counsel at Kurnool when the divorce petition was pending where she can get sufficient legal assistance. Therefore, this transfer petition can be disposed of by transferring H.M.O.P.No.04 of 2022 from Senior Civil Judge Court, Dhone, Kurnool District to Additional Senior Civil Judges Court, Kurnool, with a direction to dispose of case as expeditiously as possible.

7. In the result this transfer civil petition is allowed in part. The H.M.O.P.No.04 of 2022 on the file of Senior Civil Judge Court, Dhone, Kurnool District is hereby withdrawn and transferred to Additional Senior Civil Judge Court, Kurnool. The learned Senior Civil Judge, Dhone, Kurnool District shall transmit the case records in H.M.O.P.No.04 of 2022 as expeditiously as possible, within a period of two (2) weeks from th