APHC010529082024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3397]

(Special Original Jurisdiction)

MONDAY ,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 413/2024 Between:

Kalisetti Suneetha ...PETITIONER AND Kalisetti Lokesh ...RESPONDENT Counsel for the Petitioner: 1. AKULA VAMSI KRISHNA Counsel for the Respondent:

1. JADA SRAVAN KUMAR The Court made the following:

ORDER:

The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of F.C.O.P.No.1919 of 2024 on the file of the II Additional Family Judge at Visakhapatnam, to the concerned Court of Additional District Judge-cum-Family Judge, at Machilipatnam, Krishna District, for trial.

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

I. The petitioner is the legally wedded wife of the respondent and the marriage of the petitioner with the respondent was performed on 18.03.2020 at Coasta Village, Visakhapantam, as per the Hindu Rites and Caste Customs. The petitioner/wife herein pleaded that, due to the matrimonial disputes between both the spouses, the petitioner/wife is staying separately at her parents’ house at Machilipatnam, Krishna District. The petitioner/wife further pleaded that, she lodged a complaint dated 14.09.2024, against the respondent/husband in Crime.No.73 of 2024, under Section 85 of B.N.S. Act, 2023 (498-A of I.P.C.) and under Sections 3 and 4 of Dowry Prohibition Act, 1961, before Mahila Police Station, Machilipatm, the same is pending for investigation. The petitioner/wife further pleaded that, she filed a Maintenance Case vide M.C.No.65 of 2024, on the file of the II Additional Judicial Magistrate of First Class at Machilipatnam, seeking monthly maintenance from the respondent/husband and the same is pending for adjudication.

II. The petitioner/wife further pleaded that, to cause unnecessary inconvenience to her, the respondent/husband filed F.C.O.P.No.1919 of 2024 on the file of the II Additional Family Judge at Visakhapatnam, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking dissolution of the marriage and the same is also pending for adjudication.

III. The petitioner/wife would further pleaded that, she being a woman and residing separately at her parents’ house at Machilipatnam, it is very difficult for her to travel at a distance of more than 350 Kms from Machilipatnam to Visakhapatnam to attend the divorce case proceedings without any male support and that she was constrained to file the present petition seeking transfer of F.C.O.P.No.1919 of 2024 on the file of the II Additional Family Judge at Visakhapatnam, to the concerned Court of Additional District Judge-cum-Family Judge, at Machilipatnam, Krishna District.

3. Heard learned counsel appearing on both sides.

4. Learned counsel for the respondent would contend that, the respondent/husband herein working as a Sailor in Indian Navy.

5. Perused the material available on record.

6. The material on record prima facie goes to show that, the petitioner/wife has been residing separately at her parents’ house at Machilipatnam. She has instituted two (2) cases i.e., 498-A and Maintenance Case against the respondent/husband herein and the said two (2) cases are pending for adjudication before the II Additional Judicial Magistrate of First Class, Machilipatnam, Krishna District and the respondent/husband herein is also attending the case proceedings before the said Court. The material on record further reveals that the respondent/husband has filed F.C.O.P.No.1919 of 2024 on the file of the II Additional Family Judge at Visakhapatnam, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking dissolution of the marriage and the same is also pending for adjudication. The contention of the learned counsel for the petitioner is that, the petitioner/wife is residing separately at her parents’ house at Machilipatnam, the