Andhra Pradesh High Court - Amravati
Heard The Learned Counsel For The vs Unknown on 21 October, 2022
1
THE HON'BLE SRI JUSTICE A.V. RAVINDRA BABU
TRANSFER CIVIL MISCELLANEOUS PETITION NO.269 OF 2022
ORDER:-
Heard the learned counsel for the petitioner. In spite of
service of notice on the respondent, he did not appear.
2) This is a petition filed on behalf of the petitioner with
a prayer to withdraw F.C.O.P.No.777 of 2022, pending on the
file of the Additional Family Judge Court, Visakhapatnam and
transfer the same to the Family Court, Vizianagaram.
3) The brief contents of the petitioner are that the
petitioner is the wife of the respondent. Their marriage was
performed on 02.04.2016. The respondent did not behave
properly with her as he was addicted to consummation of
alcohol and other vices. So, ultimately, she lodged a report
under Section 498A of IPC, which is subject matter in Crime
No.74 of 2020, on the file of Women Police Station,
Vizianagaram. As her husband left her at parents' house and as
she has no income, she filed F.C.M.C.No.12 of 2021 under
Section 125 of the Code of Criminal Procedure, on the file of the
Judge, Family Court, Vizianagaram, seeking to grant
maintenance. After that, the respondent filed F.C.O.P.No.777 of
2022, on the file of the Additional Family Judge Court,
Visakhapatnam, for restitution of conjugal life. The petitioner is
staying at her parents' house at Vizianagaram and it is very
difficult to her to attend the Court at Visakhapatnam. Hence,
the petition to withdraw the F.C.O.P.No.777 of 2022 and to
transfer the same to the Family Court at Vizianagaram.
4) Now the point that arises for consideration is
whether the prayer of the petitioner can be granted?
5) There is no dispute about the filing of F.C.M.C.No.12
of 2021 under Section 125 of Cr.P.C. by the petitioner before
the Judge, Family Court, Vizianagaram. After that only the
respondent filed F.C.O.P.No.777 of 2022 on the file of the
Additional Family Judge Court, Visakhapatnam. As the
petitioner already filed maintenance case before the Judge,
Family Court, Vizianagaram and as the prayer of the petitioner is
not opposed by the respondent in this petition and to avoid any
conflicting judgments and as the petitioner is shown as resident
of Vizianagaram, the prayer of the petitioner is maintainable and
it can be granted.
6) In the result, the Transfer Civil Miscellaneous
Petition is allowed withdrawing the F.C.O.P.No.777 of 2022 from
the file of the Additional Family Judge Court, Visakhapatnam and
transferring the same to the Judge, Family Court, Vizianagaram,
where F.C.M.C.No.12 of 2021 under Section 125 of Cr.P.C. is
pending to dispose the same, in accordance with law. There
shall be no order as to costs.
Consequently, miscellaneous applications pending, if
any, shall stand closed.
________________________
JUSTICE A.V. RAVINDRA BABU
Dt.21.10.2022.
PGR
THE HON'BLE SRI JUSTICE A.V. RAVINDRA BABU
Tr.C.M.P.NO.269 OF 2022
Date: 21.10.2022
PGR
