RAMANADHAM JAYA KRISHNA PRIYA v. RAMANADHAM SRINIVAS
Court: High Court of Andhra Pradesh
Bench: VENUTHURUMALLI GOPALA KRISHNA RAO
Judgment date:
Case summary
High Court of Andhra Pradesh judgment dated 2025-01-22. RAMANADHAM JAYA KRISHNA PRIYA v. RAMANADHAM SRINIVAS. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION NO: 116 OF 2024 Between: Ramanadham Jaya Krishna Priya, W/o. Ramanadham Srinivas Aged about 34 Years, House wife, R/o. Door No. 8-21-9/2,3rd lane, Seetharam Nagar, Guntur, Guntur District ... Petitioner AND Ramanadham Srinivas, S/o. Madhusudhana Rao, Aged about 35 years, Occ Unemployed, R/o. D. No. 54-18-1/2, Flat No. 201, Sri Krishna Towers, Prasanthi Nagar, Vijayawada, Krishna District. ... Respondent Petition Under Section 24 of the C. P. C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to withdraw the F. C. O. P. No. 301/2022 on the file of Principal Family Court, Vijayawada, Krishna District and transfer the same to the Judge, Family Court Judge, at Guntur, Guntur District.
f lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances » /^stated in the affidavit filed in support of the petition, the High Court may be appearance of the f^pleased to stay the all proceedings including the petitioner in F. C. O. P. No. 301/2022 on the file of Principal Family Court, Vijayawada, Krishna District. Counsel for the Petitioner :SRI. RATAN MOHAN MEDIDA Counsel for the Respondents: SRI. K. S BALA SAI TEJA The Court made the following: ORDER f THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No. 116 of 2024 ORDER: Section The petitioner herein filed the present petition under the case 24 of Civil Procedure Code 1908, seeking to withdraw proceedings in F. C. O. P. No. 301 of 2022 on the file of the Family at Court-cum XiV Additional District and Sessions Judge Vijayawada, Krishna District and transfer the same to the Judge, Family Court at Guntur, for trial. 2.
T he case of the petitioner in brief is as follows; I The petitioner is none other than the wife of the on 19. 04. 2018 respondenVhusband and their marriage was performed Caste Customs. at B Convention Hall, Guntur, as per Hindu Rites and In view of the matrimonial disputes in between both the spouses; the petitioner/'wife has been residing along with her male child aged about six (6) years at her parents’ house at Guntur. The petitioner/wife further pleaded that, to cause unnecessary of inconvenience to her the husband/respondent filed F. C. O. P. No. 301 District and 2022 on the file of the Family Court-cum-XIV Additional Section Sessions Judge at Vijayawada, Krishna District, under dissolution of the 13(l)(ia)(ib) of Hindu Marriage Act, 1955, seeking . marriage and the same is pending for adjudication.
2 \ The petitioner/wife further pleaded that, the distance between Guntur and Vijayawada is approximately more than 40 Kms, she being a women depending upon her parents along with her male child aged about six (6) years, it is very difficult for her to travel from Guntur to Vijayawada to attend the Court proceedings on each and every adjournment without any male support, and that she is seeking to withdraw the F. C. O. P. No. 301 of 2022 on the file of the Family Court-cum-XIV Additional District and Sessions Judge at Vijayawada, Krishna District and transfer the same to the Judge, Family Court at Guntur. U. Heard learned counsel appearing for both sides. 4. Learned counsel for the respondent represented that in F. C. O. P. No. 301 of 2022 which was filed by the respondent/husband herein, the petitioner side evidence is closed and the said F. C. O. P. No. 301 of 2022 has been posted for cross-examination of RW. 1. 5.
No doubt in all the matrimonial matters, the convenience of the wife has to be taken into consideration that that of the inconvenience of the husband. But in the case on hand reconciliation was conducted by the trial Court and enquiry has been commenced and petitioner side evidence was closed and the f r 3 of transfer of Court, therefore it is not proper to consider the request a case from Vijayawada to Guntur 6. Therefore, I am not inclined to transfer the present case i. e. \ F. C. O. P. No. 301 of 2022 on the file of the Family Court-cum-XIV ? Krishna Additional District and Sessions Judge at Vijayawada, District, to the Judge, Family Court at Guntur. 7. On considering the representation made by the learned to be fixed to counsel appearing on both sides, some time limit has the the learned trial Judge to dispose of the matter.
Therefore, and learned Judge, Family Court-cum-XIV Additional District Sessions Judge at Vijayawada, Krishna District, is hereby instructed to dispose of the said F. C. O. P. No. 301 of 2022, within of this Order. three (3) months from the date of receipt of a copy 8. With the above observations, the Transfer Civil Miscellaneous Petition is disposed of and the personal appearance of the petitioner herein i. e. , respondent F. C. O. P. No. 301 of 2022 on the file of the Family Court-cum-XIV Krishna Additional District and Sessions Judge at Vijayawada, when her District, has been dispensed with, “except on the days the said Court. personal appearance is required as per law”, before There shall be no order as to costs. and the As a sequel, miscellaneous petitions, if any pending closed. Interim order granted earlier, if any, shall stand Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. Ramanadham Jaya Krishna Priya, W/o.
Ramanadham Srinivas Aged about 34 Years, House wife, R/o. Door No. 8-21-9/2,3rd lane, Seetharam Nagar, Guntur, Guntur District 2. Ramanadham Srinivas, S/o. Madhusudhana Rao, Aged about 35 years, Occ Unemployed, R/o. D. No. 54-18-1/2, Flat No. 201, Sri Krishna Towers, Prasanthi Nagar, Vijayawada, Krishna District. 3. The Principal Family Court, Vijayawada, Krishna District 4. The Judge, Family Court Judge, at Guntur, Guntur District. 5. One CC to Sri. Ratan Mohan Medida Advocate [OPUC] 6. One CC to Sri. K. S Bala Sai Teja Advocate [OPUC] 7. Three CD Copies PR vna f \ HIGH COURT DATED:22/01/2025 ORDER TRCMP. No. 116of 2024 |> 1 1 FE3 2n5 I ^ . Current Sectton DISPOSING OF THE TRCMP
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