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THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO

TRANSFER CIVIL MISCELLANEOUS PETITION No.251 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

withdrawal of H.M.O.P.No.68 of 2015, on the file of the learned Principal

Senior Civil Judge, Peddapuram, and to transfer the same to the Court of

the learned Senior Civil Judge, Tadepalligudem, 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

10.05.2007 at Sri Satyanarayana Swamy Vari Temple,

Annavaram, as per Hindu rites and caste customs. Thereafter,

due to matrimonial disputes between the parties, the

petitioner/wife has been residing separately in her parents‟

house at Kakarlamudi Village, Ungutur Mandal, West Godavari

District. The petitioner/wife further pleaded that, she filed

M.C.No.23 of 2024, on the file of I Additional (Junior) Civil

Judge, Tadepalligudem and the H.M.O.P.No.53 of 2024, on the

file of learned Civil Judge (Senior Division), Tadepalligudem,

seeking restitution of conjugal rights and the same are pending

for adjudication.

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ii. The petitioner/wife further pleaded that, with a view to cause

inconvenience to her, the respondent/husband filed a divorce

petition vide Divorce O.P.No.68 of 2015, on the file of learned

Principal Senior Civil Judge, Peddapuram,

under Section 13(1) (ia) (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 further contend that the

petitioner, being a woman, has been residing at her parents‟ house and

depending upon the mercy of her parents at Kakarlamudi Village, Ungutur

Mandal, West Godavari District and she is aged about 51 years and she is

facing a lot of troubles and mental agony from the attitude of the

respondent, the distance between Tadepalligudem and Peddapuram is

approximately 100 KMs and it is very difficult for her to travel to attend the

case proceedings filed by the respondent/husband before the Court at

Peddapuram without any male assistance, and that she was constrained to

file the present petition against the respondent/husband, seeking

withdrawal of Divorce O.P.No.68 of 2015, on the file of learned Principal

Senior Civil Judge, Peddapuram, and transfer the same to the file of the

learned Civil Judge (Senior Division), Tadepalligudem, for trial and

disposal of the same.

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4. Learned counsel for the respondent contended that there are no

grounds to consider the request made by the petitioner for transfer of

Divorce O.P. No. 68 of 2015, pending on the file of the learned Principal

Senior Civil Judge, Peddapuram, and sought dismissal of the Transfer Civil

Miscellaneous Petition. Learned counsel for the respondent fairly

submitted that, if this Court is inclined to allow the petition, a direction may

be issued to the transferee Court, i.e., the learned Senior Civil Judge,

Tadepalligudem, to dispose of the matter within a period of three months.

5. Heard learned counsel for the respondent. None appeared for the

petitioner.

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 with her parents in Kakarlamudi Village, Ungutur Mandal, West

Godavari District. The material on record further reveals that the

respondent/husband has instituted a petition against the petitioner/wife

herein vide Divorce O.P.No.68 of 2015, on the file of learned Principal

Senior Civil Judge, Peddapuram, seeking dissolution of marriage, and the

same is also pending for adjudication. The material on record further

reveals that she filed M.C.No.23 of 2024, on the file of 1^st Additional

(Junior) Civil Judge, Tadepalligudem, seeking maintenance and the

H.M.O.P.No.53 of 2