Andhra Pradesh High Court - Amravati
Smt.Mandarapu Jnaneswari vs Kallakuri Kiran Babu on 30 July, 2021
Bench: J. Uma Devi
THE HON'BLE Ms JUSTICE J.UMA DEVI
Tr.C.M.P.No.100 of 2021
ORDER:
Smt.Mandarapu Jnaneswari, wife of the respondent herein, has
filed the present transfer CMP under Section 24 of CPC seeking transfer of
HMOP.No.43 of 2021 filed by the respondent for restitution of conjugal
rights from the file of Senior Civil Judge's Court at Bhimavaram, West
Godavari District to the Court of Principal Senior Civil Judge,
Machilipatnam, Krishna District.
Petitioner asserts that the marriage between her and the
respondent was performed on 01.05.2014 in Brundavanapu Kalyana
Mandapam, Machilipatnam. Few years after the marriage it has come to
her notice that her husband is a habitual offender and that the police of
Bhimavaram have visited her house on 06.01.2020 and arrested him in a
theft case. It is also her contention that the respondent suppressing his
earlier marriage married her. She has given a notice to the respondent to
extend his cooperation for obtaining divorce with his consent, but the
respondent has neither issued any reply nor has given his consent for the
divorce. Under these circumstances she is constrained to file the divorce
petition in the court of Principal Senior Civil Judge, Machilipatnam of
Krishna District vide HMOP.No.71 of 2020. After filing of the divorce
petition by her, the respondent has filed a petition for restitution of
conjugal rights in the court of Senior Civil Judge, Bhimavaram of West
Godavari District vide HMOP.No.43 of 2021. Her contention is that herself
and respondent never lived in Bhimavaram where the proceedings for
restitution of conjugal rights were initiated by her husband. Her other
contention to seek for transfer of HMOP.No.43 of 2021 filed by her
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Tr.CMP.100 of 2021
husband from the file of Senior Civil Judge's Court at Bhimavaram to the
court of Principal Senior Civil Judge, Machilipatnam is that visiting to the
court at Bhimavaram for each and every adjournment will cause physical
strain and mental stress to her and to her children as well. Urging the
aforementioned grounds transfer of HMOP.No.43 of 2021 from the file of
Senior Civil Judge's Court at Bhimavaram of West Godavari District to the
court of Principal Senior Civil Judge, Machilipatnam of Krishna District is
sought by her.
After filing of the present transfer CMP by the wife, notice is
ordered as against the respondent. She is also permitted to serve notice
on the respondent personally through RPAD and the same is done. The
postal track consignment report filed by the petitioner's counsel discloses
that the respondent received the notice on 05.07.2021. Even after
receiving notice he did not appear personally or through counsel. Thus,
the grounds urged by the petitioner seeking transfer of HMOP.No.43 of
2021 from the file of Senior Civil Judge's Court at Bhimavaram, Weest
Godavari District to the Court of Principal Senior Civil Judge,
Machilipatnam of Krishna District have remained uncontroverted.
The petitioner is a resident of Machilipatnam of Krishna District and
now she is working as Teacher. The divorce case filed by her is pending
for consideration before the court of Principal Senior Civil Judge,
Machilipatnam of Krishna District. If the case filed by her and the case
filed by her husband are tried together by a court, the conflict in
judgments can be avoided and that precious time of the courts can be
saved. The petitioner has to face inconvenience due to her frequent
travelling to Bhimavaram where the case filed by her husband for
restitution of conjugal rights is pending for consideration. The children of
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Tr.CMP.100 of 2021
the petitioner have also to suffer as they too have to travel to
Bhimavaram along with her as and when she is asked to appear in the
case filed by her husband at Bhimavaram.
Having regard to the above, this court, is of the view that
reasonable ground is made out by the petitioner to order for transfer of
HMOP.No.43 of 2021 filed by her husband from the court of Senior Civil
Judge, Bhimavaram of West Godavari District to the court of Principal
Senior Civil Judge, Machilipatnam of Krishna District.
The transfer petition filed by the petitioner is accordingly allowed,
ordering for transfer of HMOP.No.43 of 2021 from the file of Senior Civil
Judge's Court at Bhimavaram, West Godavari District to the court of
Principal Senior Civil Judge, Machilipatnam of Krishna District for its being
tried along with HMOP.No.71 of 2020 filed by the petitioner and dispose
them, in accordance with law. No costs.
Pending miscellaneous applications, if any, shall stand closed in
consequence.
Sd/-______________
J.UMA DEVI,J
Date: 30.07.2021
Dsr
