Allowed

Pulusu Alias Vadala Kavya Wood v. Vadala Vikram

Andhra Pradesh HC15 Jul 2019TRCMP/129/2019

Case brief

AI extract

What is this about?

This order allowed a transfer petition filed by a wife to move a divorce case from Kadapa to Ongole. Citing an Apex Court decision, the bench held that the wife's convenience takes priority, facilitating her access to custody and maintenance proceedings initiated in Ongole.

What did the court decide?

D.O.P.No.639 of 2018 is withdrawn from the file of the Principal District Judge, Kadapa, and transferred to the file of the I Additional District Judge, Ongole.

Pulusu Alias Vadala Kavya Wood Vs… — Child Custody and Guardianship | Andhra Pradesh HC (2019)

¶1

SMT. JUSTICE T. RAJANI

¶2

Transfer C.M.P. No.129 OF 2019

¶3

ORDER:

¶4

This Transfer Civil Miscellaneous Petition is filed by the wife seeking to withdraw D.O.P.No.639 of 2018 from the file of the Principal District Judge, Kadapa, and transfer the same to the file of the I Additional District Judge, Ongole.

¶5

Heard the Counsel for the petitioner. In spite of service of notice, none appears for the respondent.

¶6

The grounds, on which the revision is filed, are that petitioner is the wife of the respondent. They have two minor children viz., Vanshika and Koushik, aged 8 years and 6 years respectively. As the respondent is an unemployee, he used to take amounts from the parents of the petitioner and made attempts to get employment in Kadapa. The respondent got aversion towards the petitioner and started adulterous life. In addition, the respondent threatened to take away the children from the custody of the petitioner, who is residing along with her children at her parents’ house in Ongole. The petitioner filed G.W.O.P. No.30 of 2018 on the file of I Additional District Judge, Ongole, to declare her as natural guardian of the minor children. The petitioner also filed M.C.No.16 of 2019 on the file of II Additional Munsif Magistrate, Ongole, against the respondent under Section 125 Cr.P.C., seeking maintenance to her and the children. The respondent filed Divorce O.P. No.639 of 2018 on the file of the Principal District Judge, Kadapa for dissolution of the marriage.

¶7

¶8

It is the case of the petitioner that she is not in a position to travel from Ongole to Kadapa without the assistance of male members of the family. Invariably, the respondent has to attend the Courts at Ongole.

¶9

Considering the submissions of the counsel for petitioners, which are reiteration of the grounds mentioned in the petition, and also by considering the judgment in Rajani Kishore Pardeshi vs. Kishore Babulal Paradeshi¹ , wherein the Apex Court observed that the convenience of the wife is to be preferred over the convenience of the husband, the Transfer CMP is allowed and D.O.P.No.639 of 2018 is withdrawn from the file of the Principal District Judge, Kadapa, and transferred to the file of the I Additional District Judge, Ongole.

¶10

Consequently, miscellaneous petitions pending

¶11

consideration, if any, shall stand closed.

¶12

__________________ SMT T. RAJANI,J

¶13

July 15, 2019. YS

¶14

1 (2005)12 SCC 237

Pulusu Alias Vadala Kavya Wood v. Vadala Vikram

Case brief

What is this about?

What did the court decide?

Pulusu Alias Vadala Kavya Wood v. Vadala Vikram

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Bedire Deepthi Vs B Nageswara Rao

Chinnamsetty Muralikrishna Vs The District Collector

Eeda Suresh Lal at Bose Vs Nethala John Ratnam

Akkala Haseem Babu Vs Palivala Indira Alias Akkala Indira

United India Insurance Co. Ltd., Vs Derangula Ratna

Saptala Neeharika Vs Gona Sunny Siddharath