APHC010161382024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3397]

(Special Original Jurisdiction)

MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 103/2024 Between:

Smt. Bokke Dhana Lakshmi @ Maddela Dhana Lakshmi, ...PETITIONER AND Maddela Gowri Sankar ...RESPONDENT Counsel for the Petitioner:

1. A S NARAYANA Counsel for the Respondent:

1. A SYAM SUNDAR REDDY The Court made the following:

THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.103 of 2024

ORDER:

The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw F.C.O.P.No.1032 of 2023 on the file of the Family Court, Vijayawada, Krishna District and transfer the same to the Senior Civil Judge Court, Amalapuram, Dr.B.R.Ambedkar Konaseema District (erstwhile East Godavari District).

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

I. The petitioner is the legally wedded wife of the respondent and their marriage has been performed on 25.05.2022 at Sri Bala Tripura Sundari Kalyanamandapam, Pindaala Cheruvu, Kakinada as per the Hindu Rites and Caste Customs. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house nearby Ambajipeta in Dr.B.R.Ambedkar Konaseema District. The petitioner pleaded that she lodged a complaint on 25.07.2023 at SHO Ambajipeta Police Station and the same was registered as Crime No.167 of 2023 under Section 498-A r/w 34 IPC and under Sections 3 and 4 of the Dowry Prohibition Act. She further pleaded that she also filed a Maintenance Case vide M.C.No.41 of 2023 and a Domestic Violence Case on the file of the Additional Judicial Magistrate of First Class, Amalapuram, the said three (03) cases are pending for adjudication and the respondent/husband has also attending the Court proceedings before the competent Courts at Amalapuram. The petitioner further pleaded that, to cause inconvenience to her, the respondent/husband filed F.C.O.P.No.1032 of 2023 on the file of the Family Court, Vijayawada under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking dissolution of the marriage.

II. Learned counsel for the petitioner further contended that the petitioner being a woman, staying at her parents’ house at Ambajipeta, it is very difficult for her to travel at a distance of approximately 200 Kms from Ambajipeta to Vijayawada without any male support and that she was constrained to file the present petition against the respondent/husband seeking to withdraw F.C.O.P.No.1032 of 2023 on the file of the Family Court, Vijayawada and transfer the same to the Senior Civil Judge Court, Amalapuram, Dr.B.R.Ambedkar Konaseema District (erstwhile East Godavari District).

3. Heard both sides.

4. Perused the material available on record.

5. It is represented by learned counsel for the respondent that the respondent/husband is an employee working at Vijayawada, if the Family Court proceedings in F.C.O.P.No.1032 of 2023 on the file of the Family Court, Vijayawada, has been transferred to the Court of Senior Civil Judge, Amalapuram, Dr.B.R.Ambedkar Konaseema District (erstwhile East Godavari District), it is very difficult to the respondent/husband herein to attend the Court proceedings at Amalapuram, as the respondent/husband is working at Vijayawada.

6. Learned counsel for the respondent relied on a decision of Apex Court in a case of Preeti Sharma Vs. Manjit Sharma, (2005) 11 SCC 535 and he would further contended that merely because the petitioner/wife is a lady, it does not mean that she cannot travel from Ambajipeta to Vijayawada to attend the F.C.O.P.No.1032 of 2023 on the file of the Family Court, Vijayawada, filed by the respondent/husband, against the petitioner/wife herein.

7. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha, 2022 LiveLaw (SC) 627 held as follows:

“9.