Allowed

Smt.Buddepu Lavanya v. Buddepu Gowri Sankar Reddy

Andhra Pradesh HC1 Dec 2023TRCMP/415/2022

Case brief

AI extract

What is this about?

The court allowed the wife's transfer petition under Section 24 CPC. She sought to transfer her husband's divorce petition from Visakhapatnam to Bobbili, where she resides with children and has already filed a restitution of conjugal rights petition, citing convenience and risk of conflicting judgments.

What did the court decide?

Transfer of H.M.O.P. No.433 of 2022 from Additional Family Court, Visakhapatnam to Senior Civil Judge's Court, Bobbili; records transmitted within two weeks.

Smt.Buddepu Lavanya Vs Buddepu Gowri Sankar… — Matrimonial and Divorce | Andhra Pradesh HC (2023)

¶1

THE HON’BLE SRI JUSTICE BANDARU SYAMSUNDER TRANSFER CIVIL MISCELLANEOUS PETITION

¶2

No.415 of 2022

¶3

O R D E R:

¶4

I have heard learned counsel Mr.Shaik Meeravali

¶5

representing on behalf of Mr.Md.Saleem, learned counsel for the petitioner. None appeared for respondent though served with notice. 02. This is wife’s petition under Section 24 of the Code of Civil Procedure (in short “C.P.C.”), seeking transfer of H.M.O.P.No.433 of 2022 on the file of Additional Family Court, Visakhapatnam to Senior Civil Judge’s Court, Bobbili of Vizianagaram District on the ground that now she is residing in her parents’ village at Vizianagaram District, where she filed M.C.No.7 of 2022 and D.V.C.No.10 of 2022 on the file of Judicial Magistrate of First Class at Salur and also filed H.M.O.P.No.14 of 2022 on the file of Senior Civil Judge’s Court, Bobbili of Vizianagaram District. The petitioner submits that her marriage with respondent was solemnized on 10-05-2015 in a temple at Bobbili of Vizianagaram District and thereafter she blessed with two children, due to matrimonial disputes now she is living in her parents’ house along

¶6

¶7

with two children. It is also the contention of the petitioner that respondent filed F.C.O.P.No.433 of 2022 on the file of Additional Family Court, Visakhapatnam under Section 13(i)(ia) of the Hindu Marriage Act for seeking divorce with false grounds and thereafter she filed H.M.O.P.No.14 of 2022 on the file of Senior Civil Judge’s Court, Bobbili of Vizianagaram District under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. The main contention of the petitioner is that, she has no source of income and male assistance to prosecute the divorce petition filed by her husband before the Additional Family Court, Visakhapatnam and restitution of conjugal petition and divorce petition filed by her have to be adjudicated by the same Court to avoid conflicting judgments. She prays to allow the petition.

¶8

03. Admittedly marriage between the petitioner and respondent was solemnized on 10-05-2015 in a temple at Bobbili of Vizianagaram District. Now the petitioner along with her minor children are residing with her parents’ house in a village of Vizianagaram District, where she said to be filed H.M.O.P.No.14 of 2022 for restitution of conjugal rights. The learned counsel for the petitioner would submit that, H.M.O.P.No.14 of 2022 on the

¶9

¶10

Senior Civil Judge’s Court, Bobbili of Vizianagaram District, allowed on 25-07-2022 ordering for restitution of conjugal rights. When petitioner is having minor children certainly it would be difficult for her to travel from her parents’ village to Visakhapatnam city to put forth her defence in a petition filed by her husband. It is also the consistent view of Hon’ble Apex Court that in matrimonial proceedings the convenience of wife has to be considered than inconvenience of husband. There are grounds to consider the request of the petitioner to transfer H.M.O.P.No.433 of 2022 on the file of Additional Family Court, Visakhapatnam to Senior Civil Judge’s Court, Bobbili of Vizianagaram District.

¶11

4. In the result, the petition is allowed. H.M.O.P.No.433 of 2022 on the file of Additional Family Court, Visakhapatnam, is hereby withdrawn and transferred to Senior Civil Judge’s Court, Bobbili of Vizianagaram District where there is no Family Court. The learned Judge, Additional Family Court, Visakhapatnam, shall transmit case records in H.M.O.P.No.433 of 2022 to Senior Civil Judge’s Court, Bobbili of Vizianagaram District after duly indexed, as expeditiously as possible within a period of two (02) weeks

¶12

¶13

from the date of receipt of Order of this Court in the present

¶14

petition. Both parties shall appear before the Senior Civil Judge’s

¶15

Court, Bobbili on 11-01-2024 at 10-30 A.M. No order as to costs.

¶16

Consequently, miscellaneous petitions, if any, shall stand closed. The interim stay granted if any, shall stand vacated.

¶17

__________________________ JUSTICE BANDARU SYAMSUNDER

¶18

Date :01.12.2023. KLNS

¶19

¶20

¶21

THE HON’BLE SRI JUSTICE BANDARU SYAMSUNDER

¶22

TRANSFER CIVIL MISCELLANEOUS PETITION

¶23

No.415 of 2022

¶24

Date : 01.12.2023

¶25

KLNS

Smt.Buddepu Lavanya v. Buddepu Gowri Sankar Reddy

Case brief

What is this about?

What did the court decide?

Smt.Buddepu Lavanya v. Buddepu Gowri Sankar Reddy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vadlamannati Rajyalakshmi Vs Perali Venkata Sai Teja

K. Rajendra Prasad, Vs M/s Sakthi Finance Ltd.

Mrs.Nagineni Mani Kumari, Vs Mr.Nagineni Uma Mahesh

Deepika Kunapareddy Vs Gajula Hari Babu

Neelurijahnavi Vs Neeluriharinath

Gadi Praveena Kumari Vs Gadi Madhav Reddy