Allowed

K. Sree Sowmya v. B.K. Sravan Karthik

Andhra Pradesh HC10 Jan 2024TRCMP/190/2023

Case brief

AI extract

What is this about?

Wife sought transfer of a divorce petition from Hindupur to Family Court, Kurnool, citing her residence there with a minor daughter and pending maintenance and criminal cases. Relying on Apex Court precedents favouring the wife's convenience, the court transferred the case to Family Court, Kurnool.

What did the court decide?

H.M.O.P No.55 of 2023 withdrawn from Senior Civil Judge Court, Hindupur and transferred to Family Court, Kurnool to run simultaneously with F.C.M.C No.32 of 2023; parties to appear on 11.02.2024.

K. Sree Sowmya Vs B.K. Sravan Karthik — Matrimonial and Divorce | Andhra Pradesh HC (2024)

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THE HON’BLE SRI JUSTICE BANDARU SYAMSUNDER TRANSFER CIVIL MISCELLANEOUS PETITION NO.190 OF 2023

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ORDER:

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I have heard learned counsel for the petitioner, Mr.Mahadeva Kanthrigala, as well as learned counsel, Mr. D.Ramesh, representing on behalf of Mr.P. Narahari Babu, learned counsel for the respondent. No counter-affidavit is filed by the learned counsel for the respondent.

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This is wife’s petition under Section 24 of Code of Civil Procedure (in short C.P.C), seeking transfer of H.M.O.P No.55 of 2023 on the file of Senior Civil Judge Court, Hindupur, Ananthapur District to Family Court, Kurnool, Kurnool District on the ground that now she is residing in her parents’ house at Kurnool along with minor daughter who born on 01.12.2019 where she filed F.C.M.C No.32 of 2023 under Section 125 Cr.P.C on the file of Family Court, Kurnool and also filed D.V.C No.68 of 2023 on the file of Judicial Magistrate of First Class for (PRO and Excise), Kurnool and lodged a report before SHO, Disha UPS, Kurnool for the offences punishable under Section 498-A, 354 (c) r/w 34 IPC against respondent, all the cases are pending at Kurnool. The petitioner

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BSS, J Tr.C.M.P.No.190 of 2023

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submits that now she is residing at Kurnool without any male support and it is difficult for her to travel all the way from Kurnool town to Hindupur town, along with minor daughter which is at a distance of 250 kms to put forth her defence in a divorce petition filed by the husband with false grounds. She prays to allow the petition.

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The learned counsel for the petitioner submits that now petitioner is residing in her parents house at Kurnool along with minor daughter who born on 01.12.2019 as the respondent harassed her on demanding additional dowry she also lodged a report and filed D.V.C No. 68 of 2023 seeking protection orders and filed petition under Section 125 (1) (a) of Cr.P.C, which are pending before the Courts at Kurnool. He would further submit that it is difficult for the petitioner to travel to Hindupur along with minor daughter, as she has no male support and source of income. He prays to allow the petition.

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Admittedly, the marriage between the petitioner and

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respondent was solemnized on 11.10.2018 in a function hall at Kurnool city as per Hindu rites and customs prevailing in their community. After the marriage, petitioner and the respondent said to be resided at Madakasira town, Anantapur District and then

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BSS, J Tr.C.M.P.No.190 of 2023

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petitioner gave birth to a female child on 01.12.2019 in a hospital at Kurnool. It is not in dispute that now petitioner along with her minor female child residing in her parents house at Kurnool. The petitioner also filed F.C.M.C No.32 of 2023 on the file of Family Court, Kurnool, under Section 125 Cr.P.C, seeking maintenance from the respondent and filed D.V.C No.18 of 2023 and lodged a report before SHO, Disha UPS, Kurnool for the offences punishable under Section 498-A, 354 (c) r/w 34 IPC. In those cases, the respondent has to appear to put forth his defence if any. After considering the fact that the petitioner having minor female child who already filed F.C.M.C No.32 of 2023 on the file of Family Court, Kurnool, under Section 125 Cr.P.C, seeking maintenance from the respondent, as all the matrimonial proceedings has to be decided by the same court. The said view is expressed by Hon’ble Apex Court

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in N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha¹ . Further in Sangeetha alias Shreya Vs. Prasant Vijay Wargiya² , while dealing with the similar facts Hon’ble apex Court held that between the husband and wife, the inconvenience of the wife must prevail when the wife has a child aged 2 ½ years. There are grounds to consider the request of the petitioner to transfer H.M.O.P

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12022 LiveLaw (SC) 627

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2 (2004) 13 SCC 407

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4 BSS, J Tr.C.M.P.No.190 of 2023

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No.55 of 2023 on the file of Senior Civil Judge Court, Hindupur, Ananthapur District to Family Court, Kurnool, Kurnool District.

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In the result, petition is allowed. H.M.O.P No.55 of 2023 on the file of Senior Civil Judge Court, Hindupur, Ananthapur District is hereby withdrawn and transferred to Family Court, Kurnool, Kurnool District to simultaneously try along with F.C.M.C No.32 of 2023. The learned Senior Civil Judge, Hindupur, shall transmit the case records in H.M.O.P No.55 of 2023 on the file of Senior Civil Judge Court, Hindupur, Ananthapur District to Family Court, Kurnool, Kurnool District, duly indexed, as expeditiously as possible, within a period of two (2) weeks, from the date of receipt of order of this Court in the present petition. Both parties shall appear before Family Court, Kurnool on 11.02.2024 at 10.30 am. No order as to costs.

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Consequently, miscellaneous petitions, if any, shall stand

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

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____________________________________ JUSTICE BANDARU SYAMSUNDER

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Date: 11.01.2023 RSD

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BSS, J Tr.C.M.P.No.190 of 2023

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