O R D E R:

I have heard learned Counsel for the petitioner Mr.Mahadeva Kanthrigala as well as Ms.Kusuma, representing on behalf of Mr.A.Syam Sundar Reddy, learned Counsel for the respondent.

2. This is wife’s petition under Section 24 of the Code of Civil Procedure (in short “CPC”), seeking transfer of HMOP.No.21 of 2022 on the file of Principal Senior Civil Judge’s Court, Madanapalle of Chittoor District to Senior Civil Judge’s Court, Dharmavaram of Ananthapuramu District, on the ground that now she is residing in her parents’ house at Yenumulapalli village of Puttaprathy mandal along with her minor son, aged 8 years, whereas the respondent filed HMOP No.21 of 2022 on the file of Principal Senior Civil Judge’s Court, Madanapalle of Chittoor District, seeking for divorce with false grounds. The main contention of the petitioner is that she is residing at Yenumulapalli village, Puttaprathy mandal of Sri Satya Sai District without having male support, it is difficult for her to travel all the way to Madanapalle with child whenever case is posted, which is more than 125 kms. She submits that all other cases are pending in Puttaparthy.

She prays to allow the petition.

3. The respondent filed counter-affidavit, denying the averments in the affidavit of the petitioner, though admitted that his marriage with the respondent solemnized on 15.04.2012 in Yenumulapalli village, Puttaprathy mandal of Ananthapuramu District and blessed with male child, now aged 8 years, who is under the care and custody of the petitioner studying 4th standard. It is the contention of the respondent that he has no fixed income and leading life by living on the bed, and he is not in a position to work, as he underwent major operation in the month of March, 2014 and his health condition is not improved, and he has to attend for regular medical check-up at Madanapalle, and he has no financial capacity to travel from Madanapalle to Dharmavaram. He prays to dismiss the petition.

4. The learned Counsel for the petitioner would submit that now the petitioner is residing in her parents’ house along with her minor child, whereas the respondent filed petition, seeking for divorce before Principal Senior Civil Judge’s Court, Madanapalle with false grounds. He would further submit that the petitioner has no source of income and no male support to travel all the way to Madanapalle to put-forth her defence in a divorce petition filed by her husband with false grounds. It is the contention of the learned Counsel for the petitioner that the respondent is attending criminal case pending before Judicial Magistrate of First Class at Puttaparthy, due to that it may not be difficult for him to attend the Court at Dharmavaram. He prays to allow the petition.

5. The learned Counsel for the respondent would submit that the petitioner is suffering from serious ill-health, and he is not in a position to travel, as he underwent major surgery in the year 2014. She would further submit that the respondent is still undergoing treatment, to support her contention, she also filed medical certificates of the respondent. It is the contention of the learned Counsel for the respondent that the petitioner filed petition, seeking for Interim maintenance in HMOP No.21 of 2022, which was dismissed by Principal Senior Civil Judge, Madanapalle by observing that already maintenance was granted to her in MC No.25 of 2015 by the competent Court, due to that again granting maintenance to the petitioner is not just, and more particularly considering the plight of the husband/respondent that he is not doing any work due to his ill-health. She prays to dismiss the petition.

6. Admittedly, the marriage of the petitioner with the respondent solemnized on 15.04.2012 at the parents’ village of the petitioner, and thereafter coupled blessed with a male child, now aged 8 years. It is not in dispute that the petitioner is now residing in her parents’ village along with her minor child, and she also filed MC No.25 of 2