The single-judge bench of the Andhra Pradesh High Court held that merely because the petitioner is a lady does not mean she cannot travel. The court refused to transfer the case from Family Court, Guntur to XVI Additional District and Sessions Court, Nandigama of Krishna District.
Brief Facts:
The factual matrix of the case is that the present petition under Section 24 of Code of Civil Procedure (for short, ‘CPC’) seeking transfer of the case from Family Court, Guntur, to XVI Additional District and Sessions Court, Nandigama of Krishna District, on the ground that she is residing at Nandigama, which is at a distance of 100 Kms and she being a lady is not in a position to travel such a long distance and she has no relatives at Guntur.
Contentions of the Petitioner:
The Petitioner submitted that the Petitioner being a woman is not in a position to travel 100 Kms to attend the court at Guntur in a divorce petition filed by the respondent with false grounds.
Contentions of the Respondent:
The Respondent submitted that the Petitioner filed a false complaint against the Respondent. It was furthermore submitted that no cases are pending before the courts at Nandigama. Also, the distance only is not a ground to consider the request of the petitioner to transfer the case when admittedly marriage between the parties was solemnized at Guntur.
Observations of the Court:
The Hon’ble court observed that merely because the petitioner is a lady does not mean she cannot travel to Guntur City when she is admittedly working as a software engineer and residing in Hyderabad.
The court relied upon the judgment titled Preeti Sharma v. Manjit Sharm.
The court noted that distance alone is not a ground to consider the request of the petitioner to transfer the case where it is pending which has territorial jurisdiction to entertain the petitions filed under the Divorce Act.
Based on these considerations, the court was of the opinion that there exists no ground to transfer the case from Family Court, Guntur to XVI Additional District and Sessions Court, Nandigama of Krishna District. The court directed the Respondent to pay a sum of ₹1,000/- to the petitioner/wife whenever she is required to appear before Family Court, Guntur.
The decision of the court:
With the above direction, the court dismissed the Transfer Civil Miscellaneous Petition.
Case Title: Gaddam Jyothi Ratnakumari V. Maddu Samson Ratnasandeep
Coram: Hon’ble Mr. Justice B. Syamsunder
Case No.: Trans. Civil Misc. Pet. No. 226 of 2023
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