The High Court allowed a wife's petition to transfer a restitution of conjugal rights case from Visakhapatnam to Srikakulam District due to her residence and employment in the latter district.
F.C.O.P.No.493 of 2020 transferred from Additional Family Court, Visakhapatnam to Senior Civil Judge Court, Sompeta.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
FRIDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE BANDARU SYAMSUNDER
TRANS. CIVIL MISC.PETITION NO: 395 OF 2022
Between:
Smt. Bora Mohini ^ Mokshagna, W/o S. Siva Narayana, D/o.B.Krishna Murthy Reddy, Hindu, aged about 31 years, Anganvadi Employee,Do.No.3-43,Diguva Street, Sanyasiputtuga Village, Via kesupuram, Itchapuram Mandalam, Srikakulam District. -532312,
... Petitioner/Respondent
AND
Sri Srirangam Siva Narayana, S/o. Late Venkata rao,Hindu,aged32years,Occ. Employee in Coorperative Bank Ltd, Gopalapatnam Branch,Presentlyresidingat D. No. 53-39-29/2 KRM Colony, Seethammadhara, Visakhapatnam-530013. Permanent resident of Door No. 13-1372/Vikalalangula Colony, sector-2,Near Durgalamma Temple, Balajinagar, Arilova, Visakhapatnam.
...Respondent/Petitioner
Petition Under Section 24 of the C.P.C. Praying thatinthecircumstances stated in the affidavit filed therewith, the High Court may be pleased to order to withdraw the F.C.O.P. 493 of 2020 on the file of Hon'ble Court of Judge, Additional Family Court, Visakhapatnam and to transferthesametotheCourtof Senior Civil Judge at Sompeta in Srikakulam District.
lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in thecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in F.C.O.P. 493 of2020onthe file of Hon'ble Court of Judge, Additional Family Court, Visakhapatnam,pendingdisposalofthe above Tr.C.M.P.
Counsel for the Petitioner: Sri Kishore Kumar A
Counsel for the Respondents: none appeared
The Court made the following:
Jk
THE HON’BLE SRI JUSTICE BANDARU SYAMSUNDER TRANSFER CIVIL MISCELLANEOUS PETITION
N0.395 OF 2022
ORDER;
I have heard Mr.A.Kishore Kumar, learned counsel for the petitioner. None appeared for respondent.
- This is wife's petition under Section 24 of Code of Civil Procedure (in short C.P.C), seeking transfer of F.C.O.P.No.493 of 2020 on the file of Additional Family Court, Visakhapatnam to Senior Civil Judge Court, Sompeta in Srikakulam District, on the ground that now she is residing in her parents’ house in a village of Itchapuram Mandal, Srikakulam District along with her child aged 3 years. The petitioner submits that her parents’ village is at a distance of 15 Kms from Itchapuram and to attend the Court at Visakhapatnam she has to travel to Itchapuram and she has to catch train to Visakhapatnam which is 500 Kms to and fro and there are no morning trains to reach Visakhapatnam by 10.00 a.m., due to that she has to start on the previous night to reach Visakhapatnam. It is the contention of the petitioner that she is working in Anganwadi, due to that it is difficult for her to attend the Court at Visakhapatnam leaving her child aged 3 years. She prays to allow the petition.
2 BSS,J Tr.C.M.P.No.395 of2022
- A perusal of record which shows that marriage of the petitioner with respondent solemnized on 29.06.2018 in a temple at Annavaram. Thereafter, petitioner blessed with a female child on 21.03.2019, now aged 3 years. The contents of copy of F.C.O.P.No.493 of 2020 also support the contention of the petitioner that she has child born on 21.03.2019 aged 16 months on the date of filing of the petition by the respondent under Section 9 of Hindu Marriage Act for restitution of conjugal rights before Family Court, Visakhapatnam. It is consistent view of Hon hie Apex Court that in matrimonial proceedings the convenience of the wife IS to be considered than the inconveniencei of the husband that to when wife is having a child aged 3 years, In the present case, admittedly, petitioner is having a child now aged 3 years and she is said to be working in Anganwadi, due to that certainly it would be difficult for her to travel from her parents’ village in Srikakulam District to Visakhapatnam city to put forth her defence in a petition filed by her husband for restitution of conjugal rights. The respondent is said to be employee having source of mcome able to meet travel and litigation expenses if the request of the petitioner is considered to transfer the case. There are grounds to transfer F.C.O.P.No.493 of 2020 on the file of Additional Family Court,
3 BSS, Tr.C.M.P.No.395 of2022
Visakhapatnam to Senior Civil Judge Court, Sompeta, Srikakulam District where there ISi no Family Court. 4. In the result. Transfer Civil Miscellaneous Petition is allowed. F.C.O.P.No.493 of 2020 on the file of Additional Family Court, Visakhapatnam, is hereby withdrawn and transferred to Senior Civil Judge Court, Sompeta, Srikakulam District. 5. The learned Judge, Additional Family Court, Visakhapatnam, shall transmit the case records in F.C.O.P.No.493 of 2020 to Senior Civil Judge Court, Sompet, Srikakulam District, duly indexed as expeditiously as possible, within a period of two (2) weeks from the date of receipt of order of this Court i in the present petition.
- Both parties shall appear before Senior Civil Judge Court, Sompet, Srikakulam District, on 05.01.2024 at 10.30 am. No order as to costs.
Consequently, miscellaneous petitions, if any, shall stand closed. The interim stay granted if any, shall stand vacated.
To, stu ssb 0[ vJji-JL Pi
PRASAD //true copy// ASSISTAfS^EGISTRAR s Officer
HIGH COURT
DATED:01/12/2023
ORDER
TRCMP.No.395 of 2022
ALLOWING THE TR.CMP
2 issues framed by the court
Whether to transfer a family court case filed in Visakhapatnam to Srikakulam District for the convenience of the wife.
Whether the wife's residence and employment make it difficult to attend court in Visakhapatnam.
2 provisions across 1 enactments
Smt. Bora Mohini
Sri Srirangam Siva Narayana
Bandaru Syamsunder
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
