Palaparthy Aparna Devi vs Nandyala Ajay Kumar
2023 Latest Caselaw 1733 AP

Citation : 2023 Latest Caselaw 1733 AP
Judgement Date : 29 March, 2023

Andhra Pradesh High Court - Amravati

Palaparthy Aparna Devi vs Nandyala Ajay Kumar on 29 March, 2023

Bench: Ravi Cheemalapati

lN THE HIGH COURT OF ANDHRA PRADESH AT AMAkfi
WEDNESDAY ,THE TWENTY NINETH DAY OF MAR
TWO THOUSAND AND TWENTY THREE
:PRESENT:
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI -+
IANo.1 OF2023
lN
CRP NO: 843 OF 2023
Between :
Palaparthy Aparna Devi, W/o, Nandyala AJ'ay Kumar, Hindu, aged about 35 years,
Housewife, R/o. House No.114, 5th Lane, Vivekananda Colony, Bapatla, Guntur
District.

PetI-tiOner/Petitioner
AND
Nandyala Ajay Kumar, S/o. N. Venkateswara Reddy, aged 41 years, Occ.
Pharmacist in U.K., Permanent resident
_
of D.No.9-412,
__ ___-__ _ -. ._._
5th Ward, Beside CR Club,
I .-I -+.. I I+-|\Jl I.+\+++|\*\+ \/I \
I/-:^l-,--All_L_I A___JL_ _ A, ', I
Krishna Mahal Center, Chilakaluripet, H/o. Purushotampatnam, Guntur District.

Respondent/Respondent
Counsel for the petitioner : sri KOTI REDDY IDAMAKANTI

Counsel for the Respondent : ---

Petition under section 151 CPC praying that in the circumstances stated in
the affidavit fl'led in support of the petition, the High Court may be pleased to stay of
all further proceedings in HMOP No. 77 of 2022 on the file of the Prl. Senior Civil
Judge Court, Narasaraopet, Guntur District, Pending disposal of CRP No. 843 of
2023, on the file of the High Court.
Eiil

The court while directI'ng issue Of notice tO the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the
case).

ORDER

flHeard-

Learned counsel for the petitioner subml-tted that the Respondent/husband filed HMOP No.77 of 2022 for divorce on the file of the Principal Senior Civil Judge at Narsaraopeta and the petitioner/wife filed HMOP No.121 of 2022 on the file of the principal senior civil Judge, Bapatla, for restitution of conjugal rights. ~ The petitioner herein filed TOP No.986 of 2022 on the file of the principal District Judge, Guntur under section 24 of the Code of Civil Procedure, seeking transfer of the HfVIOP filed by the respondent from Narsraopeta to Bapatla on the ground of convenience and also tO try both the OPs together to avoid conflicting judgments. The Court below, while cons-ldering the said Application, has failed to see that the Honorable Supreme Court has categorica[[y observed that in matrimonial cases wife's convenience is of paramount importance and thereby erroneously dismissed the same and therefore, the petitioner is constrained to file the present revision.

Perused the record.

Taking into consideration the submissions of the learned COunSel for the petitioner and the grounds raised in the Revision, this Court pr,-ma fac,-e, finds that there is a point for consideration in the Revision Petition and in the meantime if the HMOP Nos.77 and 121 of 2022 are decided, the purpose of filing this Revision will be defeated and the petitioner will be adversely affected. As such, this Court is inclined to grant the following interim order:

There shall be stay of all further proceedings in HMOP No.77 of 2022 on the file of the Principal senior Civil Judge at Narsaraopet, for a period of six

(06) weeks."

Sd/-U. SRI DEVI ASSISTANT REGISTRAR //TRUE COPY// F.I ::::::::RE=AR

1. The Principal Senior-Civil Judge Court, Narasaraopet.

2. Nandyala Ajay Kumar, S/o. N. Venkateswara Reddy, aged 41 years, Occ. pharmacist in u.K., Permanent resident of D.No.9-412, 5th Ward, Beside CR Club, Krishna Mahal Center, Chilakaluripet, H/o. Purushotampatnam, Guntur District. (by RPAD- along with a copy of petition and memorandum of grounds)