Allowed

Borra Ratna Sahithi v. Nagula Gopi

Andhra Pradesh HC26 Sept 2022TRCMP/90/2022

Case brief

AI extract

What is this about?

In this order, the court allowed a transfer petition to move a restitution of conjugal rights file from the Senior Civil Judge, Nuzvid, to the Senior Civil Judge, Repalle, Guntur, citing the wife's residence and travel difficulties, relying on apex court precedents regarding female litigants' convenience.

What did the court decide?

HMOP No.28 of 2022 withdrawn from Senior Civil Judge, Nuzvid and transferred to Senior Civil Judge, Repalle, Guntur forthwith.

Borra Ratna Sahithi Vs Nagula Gopi — Service and Employment | Andhra Pradesh HC (2022)

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THE HON’BLE SRI JUSTICE BATTU DEVANAND

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Tr.C.M.P.No.90 of 2022

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O R D E R:

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This Transfer Civil Miscellaneous Petition has been filed

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to withdraw HMOP No.28 of 2022 from the Court of the Senior Civil Judge, Nuzvid, Krishna District and transfer the same to the Court of Senior Civil Judge, Repalle, Guntur District.

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1. Heard learned counsel for the petitioner; learned

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counsel for the respondent and perused the record.

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1. Learned counsel for the petitioner submits that the

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petitioner is wife and the respondent is husband. Due to disputes between them, the respondent filed H.M.O.P.No.28

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of 2022 on the file of the Court of the Senior Civil Judge, Nuzvid, Krishna District, for restitution of conjugal rights.

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1. Learned counsel for the petitioner further submits

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that, the petitioner filed D.V.C.No.13 of 2021 and M.C.No.34

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of 2021 before the file of Additional Junior Civil Judge, Repalle, Guntur District. The petitioner further submits that she is residing tat Vuyyuruvari Palem hamlet of Bethapudi, Repalle Mandal, Krishna District. Being a woman, it is very difficult for her to attend the Court at Nuzvid on every date of adjournment, without any male assistance, as the distance between Vuyyuru Vari Palem and Nuzvid is more than 120 KMs. Apart from that, she has no financial capacity to bear the expenses to travel. Therefore, the petitioner prays to withdraw HMOP No.28 of 2022 on the file of Senior Civil Judge, Nuzvid, Krishna District and transfer the same to the Court of the Senior Civil Judge, Repalle, Guntur District, in the interest of justice.

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Having heard the submissions of the learned

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counsel for the petitioner and learned counsel for the respondent and upon perusing the material available on record, it appears that HMOP No.28 of 2022 is pending on

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the file of Senior Civil Judge, Nuzvid. Admittedly, the petitioner is residing at Vuyyuru Vari Palem, hamlet of Bethapudi, Repalle Mandal, Guntur District. Being a woman,

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the petitioner cannot travel from Vuyyuru Vari Palem to Nuzvid on every date of adjournment, without any male assistance, as the distance between Vuyyuru Vari Palem and Nuzvid is more than 120 KMs. Further, D.V.C.No.13 of 2021 and M.C.No.34 of 2021 filed by the petitioner are pending before the Additional Junior Civil Judge, Repalle, Guntur District. If H.M.O.P No.28 of 2022 filed by the respondent is transferred to the Court of Senior Civil Judge, Repalle, Guntur District, no prejudice would be caused to the respondent. Therefore, this Court is of the opinion that this is a fit case to transfer H.M.O.P No.28 of 2022 to the court of the Senior Civil Judge, Repalle, Guntur District, in the interest of justice.

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7) 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, the Courts are required to give more weight and consideration to the convenience of the female litigants, and the Courts should desist from putting female litigants under undue hardships. Therefore, 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 allowed and the H.M.O.P No.28 of 2022 on the file of Senior Civil Judge, Nuvid, Krishna District, is hereby withdrawn and transferred to the Court of the Senior Civil Judge, Repalle, Guntur District. The learned Senior Civil Judge, Nuzvid, Krishna District, shall transmit the entire record in H.M.O.P No.28 of 2022 pending on its file to the Court of the Senior Civil Judge, Repalle, Guntur District forthwith, by duly indexed.

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1 2005(12) SCC 237

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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

Dt.26.09.2022

THE HON’BLE SRI JUSTICE BATTU DEVANAND

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Tr.C.M.P.No.90 of 2022

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Dt.26.09.2022

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Borra Ratna Sahithi v. Nagula Gopi

Case brief

What is this about?

What did the court decide?

Borra Ratna Sahithi v. Nagula Gopi

Case brief

What is this about?

What did the court decide?

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