Allowed

Smt.Bathula Lakshmi Tulasi v. Sri Bathulasankar Rao

Andhra Pradesh HC4 Jan 2024TRCMP/284/2023

Case brief

AI extract

What is this about?

Transfer Civil Miscellaneous Petition allowed. The Hon'ble Single Judge ordered the transfer of the Husband's divorce petition from Senior Civil Judge Court, Bobbili to Principal Family Court, Visakhapatnam to be tried alongside the Wife's pending maintenance case, citing convenience and health grounds.

What did the court decide?

Transfer of H.M.O.P. No.70 of 2022 from Senior Civil Judge Court, Bobbili to Principal Family Court, Visakhapatnam to be tried with M.C.O.P. No.130 of 2022.

Smt.Bathula Lakshmi Tulasi Vs Sri… — Matrimonial and Divorce | Andhra Pradesh HC (2024)

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THE HON’BLE SRI JUSTICE BANDARU SYAMSUNDER TRANSFER CIVIL MISCELLANEOUS PETITION NO.284 OF 2023

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ORDER:

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I have heard Mr. Vijay Kumar, learned counsel

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representing on behalf of Mr.A.S.C.Bose, learned counsel for the petitioner.

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None appeared for the respondent, though notice served to him as per the postal track report filed by the petitioner before the Registry along with Memo.

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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.70 of 2022 from Senior Civil Judge Court, Bobbili, Vizianagaram District to Principal Family Court, Visakhapatnam on the ground that now she is residing in her brother’s house at Visakhapatnam along with her two children where she also filed M.C.O.P.No.130 of 2022 on the file of the V Additional District Court-Cum-Principal Family Court, Visakhapatnam seeking maintainance to herself and her minor daughter who is aged 14 years prosecuting her sides.

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BSS, J

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Tr.C.M.P.No.284 of 2023

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It is also the contention of the petitioner that the respondent though having sufficent means neglected to maintain her and filed H.M.O.P.No.70 of 2022 on the file of the Senior Civil Judge Court, Bobbili seeking divorce with false grounds. The petitioner submits that distance between Visakhapatnam to Bobbili town is more than 120 KMs and she also suffered with post Covid-19 complications and her health also not supports to under take travel and she has to look after her minor girl child, whereas, the respondent is appearing in M.C.O.P.No.130 of 2022 and contesting the case due to that it may not be difficult for him to attend the Family Court if her request to transfer divorce petition filed by her husband before Senior Civil Judge Court, Bobbili is transferred to Principal Family Court, Visakhapatnam. She prays to allow the petition.

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Admittedly the marriage between the petitioner and respondent solemnised on 07.08.1998 at Seethanagaram Village, Vizianagaram District as per Hindu rites and customs prevalling in their community. After that petitioner and respondent resided at different places as the respondent was working as a Sailor in Indian Navy and thereafter he took voluntary retirement and joined as Hindi School Assistant,

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BSS, J Tr.C.M.P.No.284 of 2023

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presently working at Seethanagaram Village, Vizianagaram District.

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It is also not in dispute that petitioner along with her two children staying in her brother’s house at Visakhapatnam who is looking after her minor girl child aged 14 years and she also filed M.C.O.P.No.130 of 2022 on 13.12.2021 pending on the file of V Additional District Court-Cum-Principal Family Court, Visakhapatnam. Whereas, respondent filed H.M.O.P.No.70 of 2022 on the file of the Senior Civil Judge Court, Bobbili on 28.11.2022 which is subsequent to the filing of maintanance case by the petitioner/wife. The petitioner said to be not having any source of income to bear travel expensens and she has to look after her minor daughter who is prosecuting her studies at Visakhapatnam. The respondent is also said to be contesting M.C.O.P.No.130 of 2022, pending on the file of the V Additional

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District Court-Cum-Principal Family Court, Visakhapatnam. There are grounds to consider the request of the petitioner to transfer H.M.O.P.No.70 of 2022 from Senior Civil Judge Court, Bobbili, Vizianagaram District to Principal Family Court, Visakhapatnam to try along with M.C.O.P.No.130 of 2022.

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BSS, J

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Tr.C.M.P.No.284 of 2023

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In the result the petition is allowed. The H.M.O.P.No.70 of 2022 on the file of Senior Civil Judge Court, Bobbili, Vizanagaram District is hereby withdrawn and transferred to V Additional District-Cum-Principal Family Court, Visakhapatnam to try along with M.C.O.P.No.130 of 2022. The Learned Senior Civil Judge, Bobbili shall transmit case records in H.M.O.P.No.70 of 2022 to V Additional District-CumPrincipal Family Court, Visakhapatnam duly indexed as expeditiously as possible within a period of three (03) weeks from the date of receipt of orders of this Court in the present petition.

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Both parties shall appear before Principal Family Court, Visakhapatnam on 10.02.2024. No order as to costs.

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

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____________________________________ JUSTICE BANDARU SYAMSUNDER

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Date: 05.01.2024 SNI

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BSS, J Tr.C.M.P.No.284 of 2023

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THE HON’BLE SRI JUSTICE BANDARU SYAMSUNDER

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TRANSFER CIVIL MISCELLANEOUS PETITION

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NO.284 OF 2023

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Date: 0.01.2024 SNI

Smt.Bathula Lakshmi Tulasi v. Sri Bathulasankar Rao

Case brief

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What did the court decide?

Smt.Bathula Lakshmi Tulasi v. Sri Bathulasankar Rao

Case brief

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