Allowed

Kandukuru Nikhitha at Pulluru Nikhitha v. Kandukuru Siddi Raju

Andhra Pradesh HC8 Dec 2021TRCMP/114/2021

Case brief

AI extract

What is this about?

This order disposed of a transfer petition to move a divorce case (FCOP No.41 of 2021) from the Family Court, Kadapa. The petitioner, a sick housewife residing 200 km away, requested transfer due to health issues and travel difficulty. The court allowed the transfer to the Family Court, Tirupati, citing the petitioner's inconvenience and directing the lower court to forward the record.

What did the court decide?

Transfer of FCOP No.41 of 2021 from Family Court, Kadapa to Family Court, Tirupati for convenience of the petitioner.

Kandukuru Nikhitha at Pulluru Nikhitha Vs… — Matrimonial and Divorce | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE M.GANGA RAO

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Transfer Civil Miscellaneous Petition No.114 of 2021

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ORDER:

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This application, under Section 24 of the Code of Civil Procedure, 1908, is filed by the petitioner-wife requesting to withdraw FCOP No.41 of 2021 from the file of the Family Court, Kadapa and transfer the same to the Court of Senior Civil Judge at Srikalahasti, Chittoor District.

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The case of the petitioner is that her marriage was solemnized with the respondent on 03.11.2019 at Ameen function hall near Ameenapeer Dharga, Kadapa District as per Hindu customs and tradition and both have lived together happily. They were blessed with a male child on 01.01.2021 at C.R.Reddy Hospital, Gudur. Due to health issues, the male child died while undergoing treatment on 08.01.2021. She is residing at her parents house at Srikalahasti. Thereafter, disputes arose between the petitioner and the respondent and respondent filed F.C.O.Pno.76 of 2020 under Section 9 of the Hindu Marriage Act, on the file of Family Court, Kadapa. Petitioner appeared before the Court. Thereafter, she filed Tr.C.M.P.No.82 of 2020 before this Court to transfer the case to the Court of Senior Civil Judge, Srikalahasti. On 19.03.2021 this Court passed order in Tr.C.M.P.No.82 of 2020. Accordingly, the FCOP No.76 of 2020 was transferred to Senior Civil Judge, Srikalahasti, but the respondent could not contest the FCOP No.76 of 2020 due to pandemic Covid19. But the respondent filed FCOP No.41 of 2021 against the petitioner seeking divorce and she appeared in the said OP.

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Petitioner states that she is disturbed mentally due to sudden death of her male child. The Doctor advised her not to travel alone due to her mental condition. She being a house wife entirely dependent on her parents. The petitioner is very week and her parents are old aged, no male member in the family to accompany her to attend the Court at Kadapa. It is difficult for her to

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travel alone from Srikalahasti to Kadapa which is about 200 kms. If she has not attended the Court at Kadapa, there is every likelihood of setting her ex par te and ex parte decree could be passed in the OP. Thereby, she will put to irreparable loss and injury.

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Respondent filed counter denying the averments of the petition. He stated that petitioner is suffering with ill-health. The petitioner is sick person staying with her parents at Srikalahasti. Her father is working as line Inspector in Telugu Ganga Project at Srikalahasti. Petitioner is a B.Com., graduate and she is doing job. The respondent alleged that the parents of the petitioner with bonafide intention to harass and to drag on the FCOP No.41 of 2021 seeking transfer of the present case to Srikalahasti from Kadapa. If the said OP is transferred from Kadapa to Srikalahasti, the respondent will be put to inconvenience as the witnesses are residing in Kadapa District. If the respondent has to attend the Court at Srikalahasti he has to encounter the threat from the petitioner and her followers who are politically influenced and it is very difficult to him to attend the court at Srikalahasti. Further he is the only person to lookafter his old aged parents. The said apprehension is unfounded.

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In the facts and circumstances of the case and on perusal of the record, this Court found that the petitioner is a sick person, suffering from health issues after the death of her male child, she cannot attend the court without any male support. Further she is a house wife, she is dependent on her old aged parents. No source of independent income. It is highly inconvenience to attend the Court at Kadapa and expensive as the Court at Kadapa is situated at about 200 KM from her residence. The contention of the respondent that the petitioner is doing job is baseless and no evidence is placed.

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The Hon’ble Apex Court in Rajani Kishor Pardeshi vs. Kishor Babulal Pardeshi¹ , Sanjay Kumar Gulati vs. N.P.Singh and another² and in Sumita Singh v. Kumar Sanjay and another³ held that wife’s convenience should be looked into in matrimonial cases when the petitions are filed by the respondent/husband, thereby she shall be given fair opportunity to defend the case. The inconvenience of the wife in attending the Court weighs with this Court to grant relief to the petitioner.

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Having regard to the facts and circumstances of the case and in view of the submissions of the learned counsel, this Court found that, it is inconvenient to the petitioner to attend the case in FCOP No.41 of 2021 on the file of the Family Court, Kadapa. To enable the petitioner to contest the case properly, this Court felt it appropriate to withdraw FCOP No.41 of 2021 from Family Court at Kadapa and transfer the same to Family Court, Tirupati as the said court is convenient for both of them. Accordingly, FCOP No.41 of 2021 on the file of Family Court, Kadapa is withdrawn and transferred the same to Family Court, Tirupati, Chittoor District for which both the counsel agreed.

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Accordingly, the transfer civil miscellaneous petition is allowed directing the Presiding Officer of Family Court at Kadapa to send the entire record forthwith pertaining to FCOP No.41 of 2021 to the Family Court, Tirupati, Chittoor District and to proceed with the case. No costs.

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Miscellaneous petitions, if any, pending in this Transfer CMP, shall stand closed.

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_______________ M. GANGA RAO, J

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Dated 08.12.2021 KA

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