THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.370 of 2024

ORDER:

The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw H.M.O.P.No.78 of 2024 on the file of the Senior Civil Judge, Narsipatnam and transfer the same to the Senior Civil Judge Court, Peddapuram.

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 at Annavaram in the year 2009 as per Hindu rites and customs. During their wedlock, the petitioner and the respondent were blessed with two children aged about 14 and 11 years respectively. In view of the matrimonial disputes between both the parties, the petitioner/wife along with her children is staying at her parents’ house at Annavaram. The petitioner contend that to cause inconvenience to her, the respondent/husband has filed H.M.O.P.No.78 of 2024 on the file of the Senior Civil Judge Court, Narsipatnam, under Section 9 of the Hindu Marriage Act, 1955 seeking for restitution of conjugal rights.

II. Learned counsel for the petitioner further contended that the petitioner being a woman having two children aged about 14 and 11 years respectively, depending upon her parents, who are senior citizens and further the father of the petitioner is a coconut vendor earning meager income, it is very difficult for her to travel at a distance more than 100 Kms from Annavaram to Narsipatnam without any male support and that she was constrained to file the present petition against the respondent/husband seeking to withdraw H.M.O.P.No.78 of 2024 on the file of the Senior Civil Judge, Narsipatnam and transfer the same to the Senior Civil Judge Court, Peddapuram.

3. Today when the matter came up for hearing, learned counsel for the respondent represented that the present case is not a fit case for transferring from the Senior Civil Judge Court, Narsipatnam to the Senior Civil Judge Court, Peddapuram and that there are no grounds to consider the request made by the petitioner, as the distance between Narsipatnam and Annavaram is nearly 50 to 60 Kms and requested to dismiss the transfer petition.

4. Heard Sri Mutyala Sobhandri Naidu, learned counsel representing Sri P.Vivek, learned counsel for the petitioner and Sri A.Sree Ram, learned counsel representing Sri T.D.Phani Kumar, learned counsel appearing for the respondent. Perused the material available on record

5. During the course of argument, learned counsel for the respondent had placed reliance on the Judgment passed by the Hon’ble Apex Court in Delmo Lubna Coelho Vs. Edmond Clint Fernandes¹, wherein the Hon’ble Apex Court held as follows:

“…18. Number of Transfer Petitions are filed in matrimonial cases, primarily by the wives seeking transfer of the matrimonial proceedings initiated by the husband. This Court normally has been accepting the prayer made while showing leniency towards ladies. In Anindita Das V. Srijit Das (2006) 9 SCC 197: (AIROnline 2005 SC 37), this Court observed that may be this leniency was being misused by women. Hence, each and every case has to be considered on its own merits.”

6. Admittedly, in the case on hand, the petitioner and the respondent are blessed with two children, who are aged about 14 and 11 years respectively and are school going children, due to matrimonial disputes between both the parties, the petitioner/wife along with her children is staying at her parents’ house and the parents of the petitioner are senior citizens. Therefore, the facts and circumstances in the aforesaid case law are different to the facts of the case on hand.

7. The material on record prima facie shows that, in view of the matrimonial disputes between both the parties, the petitioner/wife along with her school going children, who are aged about 14 and 11 years respectively are staying at her parents’ house at Annavaram. The petitioner contend that it is very difficult for