APHC010549982024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] WEDNESDAY ,THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 414/2024 Between: Kole Naga Jyothi ...PETITIONER AND M Teja Kumar ...RESPONDENT Counsel for the Petitioner: 1. KALEEMULLA S Counsel for the Respondent: 1. CH OMERNATHAN The Court made the following: ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw H.M.O.P.No.215 of 2023, on the file of the Senior Civil Judge Court at Gooty, Ananthapuramu District and transfer the same to the Senior Civil Judge Court, Allagadda, Kurnool District. 2. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Guntakal on 14.12.2019 as per Hindu rites and customs. During their wedlock, the petitioner and the respondent were blessed with a male child aged about 10 years and at present the child is staying with the respondent/husband. In view of the matrimonial disputes between both the parties, the petitioner/wife staying at her parents’ house at Kolikuntla Town, Kurnool District. The petitioner contend that to cause inconvenience to her, the respondent/husband filed H.M.O.P.No.215 of 2023, on the file of the Senior Civil Judge Court at Gooty, Ananthapuramu District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking for dissolution of marriage. II. Learned counsel for the petitioner further contended that the petitioner being a woman, depending upon her parents, it is very difficult for her to travel at a distance of more than 100Kms from Kolikuntla Town, Kurnool District to Gooty, Ananthapuramu District without any male support and that she was constrained to file the present petition against the respondent/husband seeking to withdraw H.M.O.P.No.215 of 2023, on the file of the Senior Civil Judge Court at Gooty, Ananthapuramu District and transfer the same to the Senior Civil Judge Court, Allagadda, Kurnool District. 3. The respondent has filed a counter affidavit along with vacate stay petition by denying the allegations of the petitioner/wife in the transfer petition. Learned counsel for the respondent/husband would contend that the petitioner/wife filed M.C.No.4 of 2024 on the file of the Judicial Magistrate of First Class, Podili and later the same was withdrawn by the petitioner/wife on 10.12.2024 and to that effect the e-courts status was filed and the same is placed on record and requested to dismiss the transfer petition. 4. Heard Sri Syed Kaleemulla, learned counsel for the petitioner and Sri Ch.Omernathan, learned counsel for the respondent. Perused the material available on record. 5. Learned counsel for the respondent would contend that the petitioner/wife is staying at Hyderabad and is presently working at Vaishnoi Southwoods, Vaishonoi Group and to that effect documentary evidences were also filed by the respondent. The respondent/husband would further contend that the son of the petitioner and the respondent, who is aged about 10 years, is at present staying along with respondent/husband at Bangalore since 17.10.2023 and is prosecuting his studies at New Oxford School, Bangalore. He further contended that if at all the case in H.M.O.P.No.215 of 2023, on the file of the Senior Civil Judge Court at Gooty, Ananthapuramu District is transferred to the Senior Civil Judge Court, Allagadda, Kurnool District, then certainly it will cause much inconvenience to the respondent/husband as his son is staying along with him and as such requested to dismiss the transfer petition filed by the petitioner/husband. 6. The material on record prima facie goes to show that the petitioner/wife had filed M.C.No.4 of 2024 on the file of the Judicial Magistrate of First Class, Podili and later the same was withdrawn by the petitioner/wife on 10.12.2024 and at present the petitioner is staying at Hyderabad, but not at Kolikuntla Town, Kurnool District. The respondent/husband has filed H.M.O.P.No.215 of 2023, on the file of the Senior Civil Judge Court at Gooty, Ananthapuramu District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking for dissolution of marriage. Further, the learned counsel for the petitioner/wife has also drawn the attention of this Court that as the petitioner is a woman, if the Court is inclined to dismiss the transfer petition, her presence may be dispensed with in H.M.O.P.No.215 of 2023, on the file of the Senior Civil Judge Court at Gooty, Ananthapuramu District. 7. On considering the submissions made by the learned counsel for both sides, no doubt in matrimonial proceedings, the convenience of the wife has to be considered than that of the inconvenience of the husband. But due to the peculiar circumstances in the present case, since a male child has been staying with father i.e., the respondent herein and the said child is prosecuting his studies at Bangalore with the respondent and as Gooty is nearer to Bangalore, this Court is not inclined to allow the present transfer petition filed by the petitioner/wife and the same is liable to be dismissed. Further, on considering the submission made by the learned counsel for the petitioner/wife, the personal attendance of the petitioner i.e., the respondent in H.M.O.P.No.215 of 2023, on the file of the Senior Civil Judge Court at Gooty, Ananthapuramu District is hereby dispensed with, except on the days when her presence is required as per law before the Senior Civil Judge Court at Gooty. 8. In the result, the present petition is dismissed the personal attendance of the petitioner i.e., the respondent in H.M.O.P.No.215 of 2023 is hereby dispensed with before the Senior Civil Judge Court at Gooty, Ananthapuramu District, except on the days when her presence is required as per law. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. _______________________________ JUSTICE V.GOPALA KRISHNA RAO Date: 26.03.2025 SRT