The single judge bench of the Andhra Pradesh High Court held that in matrimonial proceedings the convenience of the wife has to be considered than inconvenience of the husband.
Brief facts
The factual matrix of the case is that the wife filed the Petition under Section 24 of the Code of Civil Procedure in order to transfer the case filed by the husband under Section 13(1)(ia) of the Hindu Marriage Act.
Contentions of the Petitioner
The Petitioner contended that the Petitioner has no source of income and It is very hard for her to travel from her parents’ village to Mangalagiri Town. It was also contended that she has no male support to accompany her during travel. Also, the Respondent is in a real estate business and has a great source of income.
Observations of the court
The Hon’ble Court observed that prior to the filing of the case of the Respondent, the Petitioner filed the case under Section 125 CrPC, and the Respondent has to in his defense.
It was furthermore observed that when it comes to matrimonial proceedings, the wife's convenience must take priority over the husband's inconvenience.
Based on these considerations, the court considered the request of the petitioner to transfer the case filed by the Respondent from Senior Civil Judge Court, Mangalagiri, Guntur District, to Senior Civil Judge Court, Avanigadda, Krishna District.
The decision of the Court
With the above direction, the court allowed the Petition.
Case Title: Vajrala @ Bande Prasanna Lakshmi V. Vajrala Sai Nadh Reddy
Coram: Hon’ble Mr. Justice B Syamsunder
Case No.: TRANS. CIVIL MISC.PETITION NO: 37/2024
Advocate for the Petitioner: AKULA VAMSI KRISHNA
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