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.

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.

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 2024, on the file of le