Andhra Pradesh High Court - Amravati
2) Heard Sri C. Srinivasa Baba vs Unknown on 11 August, 2022
1
THE HON'BLE SRI JUSTICE BATTU DEVANAND
Tr.C.M.P.NO.289 of 2019
O R D E R:
This Transfer Civil Miscellaneous Petition has been filed to
transfer O.P.No.39 of 2019 on the file of the Additional Senior
Civil Judge, West Godavari at Eluru to the Family Court-cum-V
Additional District Judge at Visakhapatnam, to be tried along
with F.C.O.P.No.1790 of 2017 and F.C.O.P.No.1164 of 2019.
2) Heard Sri C. Srinivasa Baba, learned counsel for the
petitioners and Sri S.R. Sanku, learned counsel for the
Respondent. Perused the record.
3) Learned counsel for the petitioners submits that the
1st petitioner is wife and the respondent is husband. Their
marriage was solemnized on 22.04.2015 at Kancharapalem,
Visakhapatnam, as per Hindu religious rites and caste customs.
Immediately after marriage, both of them lived happily for
three months at the house of the respondent at Kedavaram,
West Godavari District. Later the respondent took the 1st
petitioner to the working place of respondent at Delhi. Since
then he started harassing the 1st petitioner regularly both
mentally and physically. Subsequently, the respondent left the
1st petitioner, who is pregnant, at her parents' house and went
away to Delhi. Since then he did not turn up and take her to
his place. The 1st petitioner blessed with a male child on
17.08.2016, who is 2nd petitioner herein and the same was
informed to the respondent and his parents, but they did not
come to parents' house of the 1st petitioner.
4) The learned counsel for the petitioners submits that
the 1st petitioner filed F.C.O.P.No.1710 of 2017, seeking
restitution of conjugal rights and F.C.O.P.No.1164 of 2019,
seeking maintenance to her and their son, which are pending
on the file of the Family Court-cum-V Additional District Judge
at Visakhapatnam. With a sole intention to subvert the two
FCOPs filed by the petitioners, the respondent filed O.P.No.39
of 2019 on the file of the Additional Senior Civil Judge, West
Godavari at Eluru, seeking decree of divorce.
5) The learned counsel for the petitioners further
submits that the 1st petitioner is having no source of income to
eke out livelihood of her and her son. The petitioners are
depending on their parents' mercy. Because of the O.P.No.39
of 2019 at Eluru Court, she is made to attend the Court on
every adjournment. She is not able to meet the expenditure
towards travelling to Eluru and other incidental expenses. The
distance between Visakhapatnam to Eluru is about 296 kms
and it is very difficult for her to travel from Visakhapatnam to
Eluru to attend the Court in FCOP case.
6) The learned counsel for the petitioners further
submits that the 1st petitioner filed F.C.O.P.No.1790 of 2017
seeking restitution of conjugal rights before the Family Court-
cum-V Additional District Judge at Visakhapatnam and the
respondent filed O.P.No.39 of 2019 seeking decree of divorce
before the Additional Senior Civil Judge, West Godavari at
Eluru. If both the O.Ps. are tried separately by two different
Courts, there may be possibility of divergent judgments.
Therefore, the petitioners prays to withdraw the said FCOP
No.39 of 2019 filed by the respondent from the file of the
Additional Senior Civil Judge, West Godavari at Eluru and to
transmit the same to the file of the Family Court-cum-V
Additional District Judge at Visakhapatnam to be tried along
with F.C.O.P.No.1790 of 2017.
6) Learned counsel for the Respondent submits that
the respondent is native of Kedavaram, West Godavari District.
He is apprehending danger in the hands of the petitioners and
their family members and as such, he prayed to dismiss the
present Transfer Civil Miscellaneous Petition.
7) Having heard the submissions of both the learned
counsel and upon perusal of the material available on record, it
is clear that the petitioner is having a minor son, who is living
with her and as such, it is very difficult to the petitioner to
travel from Visakhapatnam to Eluru on each and every
adjournment by spending huge amount to the Court in FCOP
No.39 of 2019, which is pending on the file of the Additional
Senior Civil Judge, West Godavari at Eluru. Apart from that, if
both the OPs. filed by them to be tried separately, there may
be a chance of conflicting judgments by different Courts.
Therefore, this Court is of the opinion that this is a fit case to
transfer the FCOP No.39 of 2019 on the file of the Additional
Senior Civil Judge, West Godavari at Eluru to the file of the
Family Court-cum-V Additional District Judge at
Visakhapatnam to be tried along with F.C.O.P.No.1790 of 2017
and F.C.O.P.No.1164 of 2019, in the interest of justice.
8) In Rajani Kishor Pardeshi v Kishor Babulal
Pardeshi1, the Hon'ble Apex Court held that while going into
the merits of a transfer application, Courts are required to give
more weights and consideration to the convenience of the
female litigants, and the Courts should desist from putting
2005(12) SCC 237
female litigants under undue hardships. Therefore, the
convenience of the wife is to be preferred over the convenience
of the husband.
9) Accordingly, this Transfer Civil Miscellaneous
Petition is allowed and the FCOP No.39 of 2019 on the file of
the Additional Senior Civil Judge, West Godavari at Eluru, is
hereby withdrawn and transferred to the file of the Family
Court-cum-V Additional District Judge at Visakhapatnam to be
tried along with F.C.O.P.No.1790 of 2017 and F.C.O.P.No.1164
of 2019. The learned the Additional Senior Civil Judge, West
Godavari at Eluru shall transmit the entire record in FCOP
No.39 of 2019 pending on its file to the Family Court-cum-V
Additional District Judge at Visakhapatnam, forthwith, by duly
indexed.
10) There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any pending, shall
stand closed.
______________________
JUSTICE BATTU DEVANAND
Dt. .08.2022.
Note: Issue CC tomorrow.
B/o
PGR
THE HON'BLE SRI JUSTICE BATTU DEVANAND
Tr.C.M.P.No.289 of 2019
Dt. .08.2022
PGR
