Chilukuri @ Savarapu Deepthi vs Chilukuri Vinay

A.V. Ravindra Babu, J

1) Heard the learned counsel for the petitioner.

2) This Transfer Civil Miscellaneous Petition is filed by the petitioner, who is the respondent in O.P.No.223 of 2022, on the file of Principal District Judge, West Godavari District at Eluru, with a prayer to transfer the said case to Additional District Court, Kakinada.

3) The contention of the petitioner insofar as this particular Transfer Civil Miscellaneous Petition is concerned, the respondent is her husband. Their marriage was performed on 19.06.2020. The respondent with all incorrect contentions filed O.P.No.223 of 2022 against her before the Principal District Judge, West Godavari at Eluru, seeking decree of divorce. The petitioner is resident of Kakinada Urban, East Godavari District. Even the respondent showed the said address in the divorce petition. Petitioner filed a complaint before the Disha Women’s Police Station, Kakinada with regard to the physical and mental harassment and demand of dowry etc. The respondent filed O.P.No.223 of 2022 at Eluru, which is far of place from Kakinada where the petitioner is residing. Her father is visually handicapped. Petitioner is a working woman and she has to travel nearly 200 KMs. to attend the said divorce petition. Hence, the petition.

4) The respondent having received the notice, did not appear, according to the information furnished by the Registry, as such, the matter is taken up for final hearing.

5) Now the point for determination is that whether the petitioner is entitled for transfer of O.P.No.223 of 2022 on the file of Principal District Judge, West Godavari District at Eluru to the Court of Additional District Court, Kakinada?

Point:-

6) As seen from the copy of O.P.No.223 of 2022, the address of the present petitioner is shown at Kakinada. There is no dispute that Kakinada is far of place from Eluru. The contention of the petitioner that her father is visually handicapped and she cannot undertake such a distance from Eluru to Kakinada and her convenience and her lodging complaint at Kakinada against the respondent, etc., are not disputed by the respondent. The respondent did not choose to contest the prayer of the petitioner. Having regard to the above, this Court is of the considered view that the relief of the petitioner can be granted.

7) In the result, the Transfer Civil Miscellaneous Petition is allowed withdrawing the O.P.No.223 of 2022 from the file of Principal District Judge, West Godavari District at Eluru and transferring the same to the Court of III Additional District Court, Kakinada, for disposal, in accordance with law. There shall be no order as to costs.

Consequently, miscellaneous applications pending, if any, shall stand closed.