Plavarapu Ramya Navya, vs Polavarapu Venkata Krishna,
2022 Latest Caselaw 9754 AP

      THE HON'BLE SRI JUSTICE A.V. RAVINDRA BABU

                   TR.C.M.P.No.267 of 2022
ORDER:

1. Heard both sides.

2. The learned counsel for the respondent opposed the

prayer, without filing any counter.

3. The facts which can be summarised for the purpose

of decision in this petition are that the respondent is the

husband of the petitioner and their marriage was performed on

11.11.2016. After that there were disputes between the parties.

Hence, the present respondent filed H.M.O.P.No.39 of 2015 on

the file of Principal Senior Civil Judge, Anakapalli, for dissolving

the marriage. The present petitioner filed D.V.C.No. 23 of 2019

before the Judicial Magistrate of First Class, Prathipadu. The

petitioner filed F.C.O.P.No.578 of 2022, for restitution of

conjugal rights and also F.C.O.P.No.580 of 2022, for return of

dowry before the V Additional District and Sessions Judge -

Cum- Family Court, Visakhapatnam. They are still pending.

Now the contention of the petitioner is that the petitioner is

continuing her studies at Visakhapatnam and it is better to

transfer the present HMOP No. 111 of 2021 from the file of

Additional Senior Civil Judge, Anakapalli to the Court of the V

Additional District and Sessions Judge -cum- Family Court,

Visakhapatnam.

4. Now the point that arises for determination is:

Whether the H.M.O.P.No.111 of 2021 from the file of Additional Senior Civil Judge Court, Anakapalli is liable to be transferred to the Court of V Additional District and Sessions judge cum Family Court, Visakhapatnam?

5. POINT:

There is no dispute about the pendency of the

proceedings referred to as above. As the present H.M.O.P.

No.111 of 2021 is filed by the respondent herein seeking

dissolution of marriage and as the petitioner already filed

F.C.O.P.No.578 of 2022 for restitution of conjugal rights, to avoid

any conflicting judgments and for the convenience of the parties,

I deem it fit to allow the petition.

6. In the result, this petition is allowed, withdrawing

H.M.O.P.No.111 of 2022 from the file of Additional Senior Civil

Judge Court, Anakapalli and transferring the same to the Court

of V Additonal District and Sessions Judge -cum- Judge, Family

Court, Visakhapatnam, for disposal, in accordance with law.

Consequently, miscellaneous applications pending, if any,

shall stand closed.

________________________________ JUSTICE A.V.RAVINDRA BABU

Date: 20.12.2022 Mnr

THE HON'BLE SRI JUSTICE A.V.RAVINDRA BABU

TR. C.M.P. No.267 OF 2022

Date: 20.12.2022

Mnr