THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.432 of 2024

ORDER:

The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908 (for short, „the C.P.C.‟), seeking transfer of H.M.O.P.No.172 of 2024, on the file of the learned Civil Judge (Senior Division), Chittoor, to the file of learned Judge, Family Court, Visakhapatnam for trial and disposal.

2. The case of the petitioner in brief is as follows:

i. The petitioner is the legally wedded wife of the respondent/husband, and their marriage was solemnized on 19.02.2016 at Varadaraju Swamy Devasthanam, Buttujangapalli Village, Gangadhar Nellore Mandal, Chittoor District, in the presence of elders and well wishers, as per Hindu rites and customs. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately in her mother‟s house at Visakhapatnam along with two female children aged about eight years and five years respectively. The petitioner pleaded that she filed M.C./CFR No.15437 of 2024, on the file of learned Judge, Family Court, Visakhapatnam and also a domestic violence case and the same are pending for adjudication.

ii. The petitioner/wife further pleaded that, with a view to cause inconvenience to her, the respondent/husband filed a divorce petition vide H.M.O.P.No.172 of 2024, on the file of the learned Civil Judge (Senior Division), Chittoor, under Section 13(1)(ib) of the Hindu Marriage Act, 1955, for dissolution of marriage, and the same is also pending for adjudication.

3. Learned counsel for the petitioner would contend that the petitioner, being a woman, has been residing at her mother‟s house at Visakhapatnam along with her two female children and depending upon the mercy of her mother and the children are prosecuting their studies at Visakhapatnam. He would further contend that the distance between Visakhapatnam and Chittoor is approximately 850 Kms and it is very difficult for her to travel to attend the case proceedings filed by the respondent/husband before the Court at Chittoor without any male assistance, and that she was constrained to file the present petition against the respondent/husband, seeking withdrawal of H.M.O.P.No.172 of 2024, on the file of the learned Civil Judge (Senior Division), Chittoor, and transfer the same to the file of the learned Judge, Family Court, Visakhapatnam, for trial and disposal of the same.

4. Learned counsel for the respondent would contend that there are no merits in the transfer petition filed by the petitioner and that the petition may be dismissed. Learned counsel for the respondent would further contend that, in case, if this Court is inclined to transfer H.M.O.P. No.172 of 2024 to the file of the learned Judge, Family Court, Visakhapatnam, a direction may be given to the petitioner herein to pay the travelling expenses of the husband/respondent, or the personal appearance of the respondent/husband may be dispensed with before the transferee Court.

5. Heard learned counsel appearing on both sides.

6. Perused the material available on record.

7. The material on record prima facie goes to show that, due to the matrimonial disputes between both parties, the petitioner/wife has been residing in her mother‟s house at Visakhapatnam along with two female children aged about eight and five years respectively. The material on record further reveals that the respondent/husband has instituted a petition against the petitioner/wife herein vide H.M.O.P.No.172 of 2024, on the file of the learned Civil Judge (Senior Division), Chittoor, seeking dissolution of marriage, and the same is also pending for adjudication. The material on record further reveals that a maintenance case and a Domestic Violence Case filed by the petitioner are pending before the competent Courts at Visakhapatnam.

8. The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER HEERA¹, held by considering the fact that “if a wife does not have