THE HON’BLE SRI JUSTICE V.SURI APPA RAO TR. C.M.P. No.23 OF 2014 Dated 16th June, 2014 Between:
D.Charumathi Devi .. Petitioner and D.Srinivasa Rao .. Respondent THE HON’BLE SRI JUSTICE V. SURI APPA RAO TR. C.M.P. No.23 OF 2014 ORDER:
This petition under section 24 of the Code of Civil Procedure is filed by the petitioner-wife seeking transfer of H.M.O.P.No.3 of 2012 from Senior Civil Judge’s Court, Bhimavaram, West Godavari District, to Family Court at Vijayawada.
Heard the learned counsel for the petitioner.
In spite of service of notice, none appears for the respondent.
Petitioner-wife seeks transfer of the case on the ground that she has been residing at Vijayawada after the respondent-husband deserted her. As such, she is facing difficulty in attending the Court at Bhimavaram to face the proceedings in O.P. filed by her husband. Further, M.C.No.262 of 2013 filed by the petitioner seeking maintenance from the respondent is also pending before Family Court, Vijayawada, for adjudication.
[1]
In Sumita Singh v Kumar Sanjay the Hon’ble Supreme Court held that in matrimonial matters, convenience of the wife has to be taken into consideration.
Considering the above circumstances, this petition is allowed and H.M.O.P.No.3 of 2012 is hereby withdrawn from the file of Senior Civil Judge’s Court, Bhimavaram, and transferred to Family Court, Vijayawada, for disposal in accordance with law.
Miscellaneous petitions pending in this petition, if any, shall stand closed.
V.SURI APPA RAO, J
Dated 16th June, 2014 sur
[1] AIR 2002 SC 396