Allowed

Bogiri Sujatha v. Enjarla Sanjay Kumar

Andhra Pradesh HC16 Oct 2019TRCMP/65/2019

Case brief

AI extract

What is this about?

In this transfer application, the wife of a lecturer requested to transfer matrimonial proceedings from Nandyal to Ongole due to distance and safety threats. The court noted the husband's criminal restitution petition was originally transferred to Markapur but whose divorce petition was transferred from there. The balance of convenience favored Ongole for trial.

What did the court decide?

Transfer of both the restitution of conjugal rights petition and the divorce petition back to the Court of learned Principal District Judge, Ongole.

Bogiri Sujatha Vs Enjarla Sanjay Kumar — Andhra Pradesh HC (2019) — LawSathi Research

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MVR,J

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Tr.C.M.P.No.65 of 2019

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HON’BLE SRI JUSTICE M. VENKATA RAMANA

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Tr.C.M.P.No.65 OF 2019

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ORDER:

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The petitioner is the wife of the respondent. She is working as a lecturer in the Government College according to her version and now stated to be a resident of Chirala. The respondent is also a lecturer in S.V.Arts and Science College, Nandyala.

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Apparently disputes arose in between them. The petitioner instituted O.P.No.15 of 2015 for divorce under Section 10 of Indian Divorce Act on the file of the Court of learned Principal District Judge, Ongole. Thereafter, the respondent filed D.O.P.No.19 of 2018 under Section 32 of Christian Marriage Act for restitution of Conjugal Rights, now stated to be pending on the file of the Court of learned III Additional District Judge, Nandyal, against the petitioner.

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On the ground of personal inconvenience to attend the Court at Nandyal, covering a distance of nearly 300 kilometers and expressing threat to her life, from the respondent, she filed the present petition for transfer of the case now pending at Nandyal to Ongole. Setting out the same reasons on her behalf, Sri V.Naga Praveen, learned counsel requested to pass necessary orders.

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In the course of hearing, Sri K.V.L.Narasimha Rao, learned counsel for the respondent brought to the notice of this Court, an order passed by the learned Principal District Judge, Ongole, directing transfer of D.O.P.No.15 of 2015 to the Court of learned VI Additional District Judge, Prakasam, at Markapur. It appears to be an administrative order. This fact is not disputed on behalf of the petitioner.

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MVR,J

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Tr.C.M.P.No.65 of 2019

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As rightly pointed out for the petitioner, the respondent should necessarily appear in the divorce petition filed by the petitioner in D.O.P.No.15 of 2015 either at Ongole or Markapur. Hardship and personal inconvenience projected by the petitioner, to attend the Court at Nandyal, in the circumstances, cannot be discounted.

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Taking into consideration all the circumstances, if D.O.P.No.15 of 2015 now stood transferred to the Court at Markapur, is directed to be withdrawn and transferred back to the Court of learned Principal District Judge, Ongole, it shall be in the interest of justice. Similarly, accepting the reasons assigned by the petitioner, D.O.P.No.19 of 2018 if it is directed to be withdrawn from the Court of learned III Additional District Judge, Nandyal, and is directed to be transferred on to the file of the Court of learned Principal District Judge, Ongole, it shall also be in the interest of justice.

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Therefore, for the above reasons, this transfer petition is allowed. D.O.P.No.19 of 2018 pending on the file of the Court of learned III Additional District Judge, Kurnool, at Nandyal, is withdrawn and is transferred on to the file of learned Principal District Judge, Ongole, for disposal, in accordance with law. In the circumstances, D.O.P.No.15 of 2015 now stated to be transferred to the Court of learned VI Additional District Judge, Prakasam, at Markapur, is withdrawn and is transferred back to the Court of learned Principal District Judge, Ongole, for trial, in accordance with law. There shall be no order as to costs. Pending petitions, if any, stand closed.

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M. VENKATA RAMANA, J

Dt:16.10.2019

Rns

MVR,J

Tr.C.M.P.No.65 of 2019

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MVR,J

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Tr.C.M.P.No.65 of 2019

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HON’BLE SRI JUSTICE M. VENKATA RAMANA

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Tr.C.M.P.No.65 OF 2019

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Date:16.10.2019

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Rns

Bogiri Sujatha v. Enjarla Sanjay Kumar

Case brief

What is this about?

What did the court decide?

Bogiri Sujatha v. Enjarla Sanjay Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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