Saptala Neeharika Vs Gona Sunny Siddharath

SMT. JUSTICE T. RAJANI

Transfer Civil Miscellaneous Petition No. 135 OF 2018

ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking to transfer FCOP.No.144 of 2017 pending adjudication on the file of Family Court, Kadapa, to the Family Court, Eluru, West Godavari District.

Heard learned Counsel for the petitioner. None appeared for the respondent despite service of notice.

Learned Counsel for the petitioner submits that the respondent herein filed FCOP.No.144 of 2017, against the petitioner, on the file of Family Court, Kadapa and that the petitioner has no sufficient means to travel to Kadapa for appearing in the said OP on the every date of adjournment. It is further submitted that the petitioner filed DVC No.72 of 2017 on the file of II Additional Judicial Magistrate of First Class, Eluru and also MC.No.21 of 2017 on the file of Additional District Judge, Family Court, At Eluru and that if FCOP No.144 of 2017 is transferred to the Court at Eluru, it would be convenient for the respondent to pursue all the cases at Eluru. In support of his contention, learned Counsel placed reliance on the decision of the Apex Court in RAJANI KISHORE PARDESHI Vs. KISHOR BABULAL PARDESHI {(2005) 12 SCC 237} wherein it was held that the convenience of the wife is to be preferred over the convenience of the husband. When the husband opposed the transfer petition on the ground that it is equally inconvenient for him, the Apex Court ruled as such.

Hence, considering the above, the Transfer Civil Miscellaneous Petition is allowed and FCOP.No.144 of 2017 pending adjudication on the file of Family Court, Kadapa, is withdrawn and transferred to the Family Court, At Eluru, WG District.

Miscellaneous petitions pending consideration if any in the Tr.CMP shall stand closed. No costs.

----------------------SMT T. RAJANI,J

DATED 15^th July, 2019 Msnrx

Saptala Neeharika v. Gona Sunny Siddharath