APHC010481902024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3397]

(Special Original Jurisdiction)

THURSDAY ,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 359/2024 Between:

Nekkanti Mounika ...PETITIONER AND Nekkanti Venkata Srinivas ...RESPONDENT Counsel for the Petitioner:

1. T V JAGGI REDDY Counsel for the Respondent:

1.

The Court made the following:

ORDER:

The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking for transfer of F.C.O.P.No.1751 of 2024, on the file of the II Additional Family Judge at Visakhapatnam, to the Senior Civil Judge, Tanuku, West Godavari District, for trial.

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

I. The petitioner is none other than the wife of the respondent/husband and their marriage was performed on 26.05.2013 at Vadali, Village, as per Hindu Rites and Caste Customs. During their wed-lock period, the petitioner/wife blessed with a male child and in view of the matrimonial disputes in between both the spouses; she has been residing along with her child aged about 8 years at her parents’ house at Vadali Village, Penugonda Mandal, West Godavari District. The petitioner/wife pleaded that she lodged a complaint dated 23.12.2021, against the respondent/husband and his family members before Penugoda Police Station in Crime No.394 of 2021, under Section 498-A of I.P.C., and under Sections 3 and 4 of Dowry Prohibition Act, 1961. After completion of investigation, Police laid a charge sheet and the same was registered as vide C.C.No.1071 of 2022 on the file of the Judicial Magistrate of First Class at Tanuku, West Godavari District. The petitioner further pleaded that she filed a Domestic Violence Case vide D.V.C.No.6 of 2022 on the file of the II Additional Judicial Magistrate of First Class at Tanuku, under Section 12 of Domestic Violence Act, 2005 and she also filed a Maintenance Case vide M.C.No.7 of 2022, on the file of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class at Tanuku, West Godavari District, seeking monthly maintenance case from the respondent/husband and the said three (3) cases are pending for adjudication before the competent Courts at Tanuku and the respondent/husband herein is also attending the cases proceedings before the competent Courts at Tanuku.

II. The petitioner/wife further pleaded that, to cause unnecessary inconvenience to her, the respondent/husband has filed F.C.O.P.No.1751 of 2024, on the file of the II Additional Family Judge, Visakhapatnam, under Section 13(1)(ia) of Hindu Marriage Act, 1955, seeking dissolution of the marriage. The petitioner/wife further contended that, the distance between Tanuku and Visakhapatnam is approximately more than 200 Kms, she being a women depending upon her parents along with her child aged about 8 years, it is very difficult for her to travel from Tanuku to Visakhapatnam to attend the divorce case proceedings on each and every adjournment without any male support and that she sought transfer of F.C.O.P.No.1751 of 2024, on the file of the II Additional Family Judge, Visakhapatnam, to the Senior Civil Judge, Tanuku, West Godavari District.

3. Heard learned counsel for the petitioner.

4. None appeared for the respondent.

5. The material on record prima facie goes to show that, the petitioner/wife has been residing along with her child aged about 8 years at Tanuku and she has instituted three (3) cases against the respondent/husband herein before the competent Courts at Tanuku and the respondent is also attending the case proceedings before the said competent Courts at Tanuku. It is also a fact that that the respondent/husband has filed F.C.O.P.No.1751 of 2024, on the file of the II Additional Family Judge, Visakhapatnam, under Section 13(1)(ia) of Hindu Marriage Act, 1955, seeking dissolution of the marriage, and the same is pending for adjudicat