Musini Prasanna Rani Padma ... vs Musini Srinivasa Rao
2022 Latest Caselaw 8562 AP

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

  TRANSFER CIVIL MISCELLANEOUS PETITION NO.8 OF 2022

ORDER:-

      Heard the learned counsel for the petitioner.

      2)       This Transfer Civil Miscellaneous Petition is filed

under Section 24 of the Code of Civil Procedure with a prayer to

transfer F.C.O.P.No.1408 of 2021, on the file of V Additional

District Judge-cum-Judge, Family Court, Visakhapatnam to the

Court of III Additional Senior Civil Judge, Kakinada.

      3)       The contention of the petitioner in brief is that she is

the legally wedded wife of the respondent. Their marriage was

performed on 12.04.2014 at Amalapuram. Subsequently, there

was difference cropped up. While so, the respondent filed

F.C.O.P.No.1408 of 2021, on the file of V Additional District

Judge-cum-Judge, Family Court, Visakhapatnam, with false

allegations. The petitioner is residing at Kovvuru, Kakinada

Rural. It is at a distance of 160 Kms. from Visakhapatnam. It is

very difficult for the petitioner to travel. The petitioner filed

H.M.O.P.No.288 of 2021 on the file of III Additional Senior Civil

Judge, Kakinada under Section 9 of Hindu Marriage Act, seeking

restitution of conjugal rights. She has no independent source of

income. It is very difficult for her to attend the Court at

Visakhapatnam. Hence, the petition.

4) Though the respondent filed a counter opposing the

prayer of the petitioner, but, on 21.10.2022 across the Bar,

learned counsel for the respondent represented that if the Court

is going to grant any relief, time bound directions may be given

to the trial Court to dispose the matter expeditiously.

5) Now the point that arises for consideration as to

whether the petitioner is entitled for transfer of F.C.O.P.No.1408

of 2021, on the file of V Additional District Judge-cum-Judge,

Family Court, Visakhapatnam to the Court of III Additional

Senior Civil Judge, Kakinada?

POINT:-

6) As seen from the case of the petitioner, she pleaded

that it is very difficult to her to go to Visakhapatnam Court to

contest the same and on the other hand, she also filed

H.M.O.P.No.288 of 2021 before the III Additional Senior Civil

Judge, Kakinada, seeking restitution of conjugal rights. The

facts and circumstances are such that both the matters have to

be disposed by one Judicial Officer to avoid any conflicting

judgments.

7) Having regard to the above and as the respondent

has no serious objection to pass the prayer and considering the

submissions made by the learned counsel for the respondent

across the Bar on 21.10.2022, it is desirable, in the interest of

justice, to grant the relief prayed.

8) In the result, this Transfer Civil Miscellaneous

Petition is allowed withdrawing the F.C.O.P.No.1408 of 2021

from the file of V Additional District Judge-cum-Judge, Family

Court, Visakhapatnam and transferring the same to the Court of

III Additional Senior Civil Judge, Kakinada, for disposal of the

same along with H.M.O.P.No.288 of 2021, in accordance with

law, expeditiously not later than six (06) months from the date

of receipt of the record. There shall be no order as to costs.

Consequently, miscellaneous applications pending, if any,

shall stand closed.

________________________ JUSTICE A.V. RAVINDRA BABU Dt.08.11.2022.

PGR

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

Tr.C.M.P.NO.8 OF 2022

Date: 08.11.2022

PGR