THE HONOURABLE SMT. JUSTICE P.SREE SUDHA Tr.C.M.P.No. 192 of 2024

ORDER:

This petition is filed by the petitioner/wife seeking to transfer O.P.No.21 of 2022 (old OP No.956 of 2018) on the file of the Principal District and Sessions Judge, Jangaon to the file of the Principal District Judge, Suryapet.

2. It is the case of the petitioner/wife that the respondent/husband had filed O.P.No.956 of 2018 under Section 32 of the Divorce Act, 1869, seeking a decree of restitution of conjugal rights before the Principal District Judge, Warangal. After formation of new Courts, the same was transferred to the Principal District and Sessions Judge, Jangaon and re-numbered as O.P.No.21 of 2022 and the same is pending. It has been averred that the petitioner/wife is staying with her old aged parent’s, who are residing at Suryapet. The petitioner also filed D.V.C. No.18 of 2019 and M.C No.34 of 2019 before the II Additional Judicial Magistrate of First Class at Suryapet and the same are pending. Moreover, the distance between Suryapet to Jangaon is about 90 Kms and therefore, she finds it difficult to travel all the way from Suryapet to Jangaon, to attend the Court on each and every adjournment of O.P.No.21 of 2022 without the assistance of a male person.

3. Though the respondent/husband is served with notice, he has not chosen to enter appearance. Heard learned Counsel for the petitioner.

4. After hearing the learned Counsel for the petitioner, this Court is of the considered opinion that in respect of transfer of proceedings of a matrimonial dispute, the convenience of the wife is to be preferred over the convenience of husband, as held by the Hon’ble Apex Court in the case of Rajani Kishor Paradeshi Vs. Kishore Babulal Paradeshi, [(2005) 12 SCC 237] and Sumita singh Vs. Kumar Sanjay and another, [AIR 2002 SC 396]

5. In view of above, this Court is of the opinion that sufficient grounds are made out on facts and in law to accept the plea of the petitioner/wife for transfer of O.P.No.21 of 2022 on the file of the learned Principal District and Sessions Judge, Jangaon to the learned Principal District Judge, Suryapet.

6. Accordingly, the Transfer Civil Miscellaneous Petition is allowed and the O.P.No.21 of 2022 on the file of the learned Principal District and Sessions Judge, Jangaon, is ordered to be transferred to the Court of the learned Principal District Judge, Suryapet. There shall be no order as to costs.

As a sequel, miscellaneous petitions if any, stands closed.

_________________________ JUSTICE P.SREE SUDHA Date: 01.08.2024 pld