The petitioner is lady who has been taking shelter in the house of her parents at Rajahmundry which is at a distance of 200 kms from Vijayawada. The submissions made by the petitioner in the petition have not been controverted by the respondent who failed to respond to the notice sent to him. It appears that in two cases filed by the petitioner the respondent has made his appearance and that no prejudice will be caused to him if the case filed by him for restitution of conjugal rights is transferred to Family Court at Rajahmundry. The difficulty of the petitioner to attend for each and every adjournment in which is filed by her husband in the court of Judge, Family Court-cum-XIV Additional and Sessions Court, Vijayawada by undertaking journey of 200 kms from the place of her residence at Rajahmundry can be a reasonable ground to accede to her request made for transfer of HMOP filed by her husband for restitution of conjugal rights to the Family Court at Rajahmundry.

The petitioner is lady who has been taking shelter in the house of her parents at Rajahmundry which is at a distance of 200 kms from Vijayawada. The submissions made by the petitioner in the petition have not been controverted by the respondent who failed to respond to the notice sent to him. It appears that in two cases filed by the petitioner the respondent has made his appearance and that no prejudice will be caused to him if the case filed by him for restitution of conjugal rights is transferred to Family Court at Rajahmundry. The difficulty of the petitioner to attend for each and every adjournment in  which is filed by her husband in the court of Judge, Family Court-cum-XIV Additional and Sessions Court, Vijayawada by undertaking journey of 200 kms from the place of her residence at Rajahmundry can be a reasonable ground to accede to her request made for transfer of HMOP filed by her husband for restitution of conjugal rights to the Family Court at Rajahmundry. Having regard to the submissions made on behalf of the petitioner, the transfer petition filed by the petitioner is allowed, ordering for transfer of HMOP.No.725 of 2020 from the file of Judge, Family Court-cum-XIV Additional and Sessions Court, Vijayawada to the Family Court at Rajahmundry, for its disposal in accordance with law. No costs. 

AP HIG COURT

 THE HON'BLE Ms JUSTICE J.UMA DEVI

Tr.C.M.P.No.61 of 2021

ORDER:

This petition is filed under Section 24 of CPC by Smt.Sapavath

Suddepthi, W/o.Sapavath Mahesh Sai Kumar Naik seeking transfer of

HMOP.No.725 of 2020 from the file of Family Court-cum-XIV Additional and

Sessions Court, Vijayawada to the Family Court at Rajahmundry, where she

is taking shelter in the house of her parents.

 Notice is ordered as against respondent. Despite service of notice,

he has not entered appearance.

 Petitioner’s contention is that having not been able to bear the

harassment of her husband she has reached to her parents’ house in the

month of March, 2019 and since then she is residing there. She has filed a

case for maintenance as against the respondent herein and the same is

pending for consideration before the court of IV Judicial 1st Class Chief

Metropolitan Magistrate at Rajahmundry. She also has filed a case as

against the respondent under Domestic Violence Act and the same is

pending before the court of VI Additional Judicial 1st Class Magistrate at

Rajahmundry. The respondent made appearance in both the cases. As a

counterblast to the cases filed by her, the respondent has filed

HMOP.No.725 of 2020 for restitution of conjugal rights and the same is

pending before the Judge, Family Court-cum-XIV Additional and Sessions

Court, Vijayawada. Her assertion is that she has to travel a distance of 200

kms necessarily to attend the court at Vijayawada where the application

made by her husband for restitution of conjugal rights is pending for

consideration; It becomes difficult for her to appear for each and every

adjournment in HMOP.No.725 of 2020 which is pending before the Family

Court-cum-XIV Additional and Sessions Court, Vijayawada by undertaking 

 JUD,J

Tr.CMP.61 of 2021

2

journey of 200 kms from Rajahmundry. Therefore, she is constrained to

approach this court seeking transfer of HMOP.No.725 of 2020 from the file

of Judge, Family Court-cum-XIV Additional and Sessions Court, Vijayawada

to the Family Court at Rajahmundry.

The petitioner is lady who has been taking shelter in the house of

her parents at Rajahmundry which is at a distance of 200 kms from

Vijayawada. The submissions made by the petitioner in the petition have

not been controverted by the respondent who failed to respond to the

notice sent to him. It appears that in two cases filed by the petitioner the

respondent has made his appearance and that no prejudice will be caused

to him if the case filed by him for restitution of conjugal rights is

transferred to Family Court at Rajahmundry.

The difficulty of the petitioner to attend for each and every

adjournment in HMOP.No.725 of 2020 which is filed by her husband in the

court of Judge, Family Court-cum-XIV Additional and Sessions Court,

Vijayawada by undertaking journey of 200 kms from the place of her

residence at Rajahmundry can be a reasonable ground to accede to her

request made for transfer of HMOP filed by her husband for restitution of

conjugal rights to the Family Court at Rajahmundry.

 Having regard to the submissions made on behalf of the petitioner,

the transfer petition filed by the petitioner is allowed, ordering for transfer

of HMOP.No.725 of 2020 from the file of Judge, Family Court-cum-XIV

Additional and Sessions Court, Vijayawada to the Family Court at

Rajahmundry, for its disposal in accordance with law. No costs.

Pending miscellaneous applications, if any, shall stand closed in

consequence.

Sd/-_______________

J.UMA DEVI,J

Date: 20.07.2021

Dsr