Allowed

Smt. Visarapu (Miriyala) Dharanija v. Visarapu Krishna Satya Bhaskar Phanidhar

Andhra Pradesh HC19 Sept 2022TRCMP/15/2022

Case brief

AI extract

What is this about?

The High Court, in a transfer miscellaneous petition, observed that the petitioner (wife) faces excessive travel hardship to defend a divorce suit filed by the respondent (husband) in Visakhapatnam. Following the comfort of female litigants, the Court transferred the divorce case from Visakhapatnam to Gudur.

What did the court decide?

F.C.O.P.No.1102 of 2020 is withdrawn from the Visakhapatnam file and transferred to the Senior Civil Judge, Gudur.

Smt. Visarapu (Miriyala) Dharanija Vs… — Matrimonial and Divorce | Andhra Pradesh HC (2022)

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THE HON’BLE SRI JUSTICE BATTU DEVANAND

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Tr.C.M.P.NO.15 of 2022

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O R D E R:

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This Transfer Civil Miscellaneous Petition has been filed to withdraw the F.C.O.P.No.1102 of 2020 from the file of the

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Family Court-cum-V Additional District Judge at Visakhapatnam and transfer the same to the file of the Court of Senior Civil Judge, Gudur.

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1. Heard the learned counsel for the petitioner and the

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learned counsel for the respondent.

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1. The learned counsel for the petitioner submits that the

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petitioner is wife and the respondent is husband. During the course of wedlock, the petitioner became pregnant and the same was confirmed, but the parents of respondent forced her to abort, but she did not oblige, as such, the respondent left her at Vijayawada Railway Station on 18.02.2016 and

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made a call to her father to take her to their house and later

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the respondent used to make call pressurizing her to abort her pregnancy. Later, she once again became pregnant and begot a female child on 06.12.2017, but the respondent never taken care of her and did not turn up to take her back to his conjugal society despite her several calls and conducting meetings, but in vain. Now, the petitioner, along with her child, is living in her parents’ house. The respondent herein filed F.C.O.P.No.548 of 2019 on the file of the Judge, Family Court, Visakhapatnam seeking restitution of conjugal rights and in the said F.C.O.P, counter has been filed by the petitioner and later the respondent had withdrawn.

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The learned counsel for the petitioner further submits that as the petitioner has no means to maintain her and her child, she has filed O.P.No.3724 of 2019 on the file of the Court of Senior Civil Judge, Gudur claiming maintenance. She has also filed M.C.No.36 of 2019 on the file of the Additional Judicial Magistrate of First Class, Guntur claiming maintenance. As the respondent is not coming forward, she

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has filed H.M.O.P.125 of 2020 on the file of the Court of Senior Civil Judge, Gudur for restitution of conjugal rights. The respondent, as a counterblast, filed F.C.O.P NO.1102 of 2020 on the file of the Judge, Family Court-cum-V Additional District Judge at Visakhapatnam seeking divorce. She has to attend the case in FCOP at Visakhapatnam and it is very difficult for her to travel all the way from Gudur to Visakhapatnam, which is more than 700 kms. Therefore, the petitioner prays to withdraw the F.C.O.P.No.1102 of 2020 from the file of the Court of the Judge, Family Courtcum-V Additional District Judge at Visakhapatnam and transfer the same to the file of the Court of Senior Civil Judge, Gudur or any other Court in Gudur, in the interest of justice.

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The learned counsel for the respondent represented that he has no objection to transfer the F.C.O.P.No.1102 of 2020 from the file of the Family Court-cum-V Additional

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District Judge, Visakhapatnam to the file of the Court of

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Senior Civil Judge, Gudur.

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Having heard the submissions of the respective learned counsels, upon perusing the material available on record and as the learned counsel for the respondent reported no objection to transfer the FCOP, this Court is of the opinion that this is a fit case to transfer the FCOP No.1102 of 2020 on the file of the Judge, Family Court-cum-V Additional District Judge, Visakhapatnam to the Court of the Senior Civil Judge, Gudur in the interest of justice.

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In Rajani Kishor Pardeshi v. Kishor Babulal

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Pardeshi¹ , the Hon’ble Apex Court held that while going into the merits of a transfer application, Courts are required to give more weightage and consideration to the convenience of the female litigants, and the Courts should desist from putting female litigants under undue hardships. Therefore,

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1 2005 (12) SCC 237

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the convenience of the wife is to be preferred over the convenience of the husband.

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Accordingly, this Transfer Civil Miscellaneous Petition is

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allowed. The F.C.O.P No.1102 of 2020 on the file the Family Court-cum-V Additional District Judge at Visakhapatnam is hereby withdrawn and transfers the same to the file of the learned Senior Civil Judge, Gudur. The learned Judge, Family Court-cum-V Additional District Court at Visakhapatnam shall transmit the entire record in F.C.O.P No.1102 of 2020 pending on its file to the Court of the learned Senior Civil Judge, Gudur forthwith after duly indexed. There shall be no order as to costs.

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As a sequel, miscellaneous petitions, if any, pending in this petition shall stand closed.

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______________________ JUSTICE BATTU DEVANAND

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Dt.19.09.2022. CC tomorrow.

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THE HON’BLE SRI JUSTICE BATTU DEVANAND

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Tr.C.M.P.No.15 of 2022

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Dt.19.09.2022

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Smt. Visarapu (Miriyala) Dharanija v. Visarapu Krishna Satya Bhaskar Phanidhar

Case brief

What is this about?

What did the court decide?

Smt. Visarapu (Miriyala) Dharanija v. Visarapu Krishna Satya Bhaskar Phanidhar

Case brief

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What did the court decide?

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