APHC010496342024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3397]

(Special Original Jurisdiction)

WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 376/2024 Between:

Kunkulagunta Neha ...PETITIONER AND Kunkulagunta Mahesh ...RESPONDENT Counsel for the Petitioner:

1. KADIMISETTY SAI SREENADH Counsel for the Respondent:

1. MD SALEEM The Court made the following:

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.252 of 2023 on the file of the IV Additional District and Sessions Judge, Vijayawada, Krishna District and transfer the same to any other competent Court at Anakapalle, Visakhapatnam 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 at Tenali on 03.05.2015 as per Hindu rites and customs. During their wedlock, the petitioner and the respondent were blessed with a daughter aged about 07 years. In view of the matrimonial disputes between both the parties, the petitioner/wife along with her daughter is staying at her parents’ house at Konda Koppaka, Anakapalle. The petitioner pleaded that she had lodged a complaint before the Disha Women Police Station, Anakapalle, under Section 498-A IPC and under Sections 3 & 4 of the Dowry Prohibition Act and the same was registered as Cr.No.66 of 2023 against the respondent/husband and his family members, which is pending for investigation. The petitioner further pleaded that she had filed a Maintenance Case vide M.C.No.02 of 2024, on the file of the III Additional Junior Civil Judge Cum XIII Additional Metropolitan Magistrate, Anakapalle, against the respondent and his family members and the same are pending for adjudication. The petitioner contend that to cause inconvenience to her, the respondent/husband has filed F.C.O.P.No.252 of 2023 on the file of the Judge, Family Court, Vijayawada under Section 13(1)(ia) and i(b) of the Hindu Marriage Act, 1955 seeking for dissolution of marriage.

II. Learned counsel for the petitioner further contended that the petitioner being a woman having a daughter aged about seven (07) years, depending upon her parents, it is very difficult for her to travel at a distance of more than 330 Kms from Anakapalle 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.252 of 2023 on the file of the IV Additional District and Sessions Judge, Vijayawada, Krishna District and transfer the same to any other competent Court at Anakapalle, Visakhapatnam District.

4. Heard Sri Kadimisetty Sai Sreenadh, learned counsel for the petitioner and Sri Md.Saleem, learned counsel appearing for the respondent. Perused the material available on record.

5. The material on record prima facie shows that, in view of the matrimonial disputes between both the parties, the petitioner/wife along with her daughter is staying at her parents’ house at Konda Koppaka, Anakapalle. The petitioner contend that she had filed a Maintenance Case before competent Court at Anakapalle against the respondent and his family members and the respondent is attending the Court proceedings in the aforesaid cases. The petitioner further contended that the distance in between Anakapalle and Vijayawada is approximately more than 330 Kms and that the petitioner/ wife is constrained to file the present Transfer Petition.

6. The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER HEERA ¹, held by considering the fact that “if a wife does not have sufficient funds to visit the place where the divorce petition is filed by her husband, then the transfer petition filed by the wife may be allowed.”

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