THE HON’BLE SRI JUSTICE V.SURI APPA RAO TR. C.M.P. No.161 OF 2014 Dated 17th April, 2014 Between:
Dayaka Nagalakshmi .. Petitioner and Daya Ramesh .. Respondent THE HON’BLE SRI JUSTICE V. SURI APPA RAO TR. C.M.P. No.161 OF 2014 ORDER:
This petition under section 24 of the Code of Civil Procedure is filed by the petitioner seeking to transfer F.C.O.P.No.110 of 2013 from Family Court, Vizianagaram, to Senior Civil Judge’s Court, Nuzveedu, Krishna District.
Heard the learned counsel for the petitioner.
In spite of service of notice, none appears for the respondent.
Petitioner seeks transfer of the case on the ground that after the respondent-husband deserted her, petitioner-wife has been staying with her parents at Visannapet. As such, she is facing difficulty in traveling all the way from Vissannapet to Vizianagaram to defend the case filed by the respondent for declaration of marriage as null and void.
In Sumita Singh v Kumar Sanjay[1] the Hon’ble Supreme Court held that in matrimonial matters, convenience of the wife has to be taken into consideration.
Considering the above, this petition is allowed and F.C.O.P.No.110 of 2013 is hereby withdrawn from the file of Family Court, Vizianagaram, and transferred to Senior Civil Judge’s Court, Nuzveedu, Krishna District, for disposal in accordance with law.
Miscellaneous petitions pending in this petition, if any, shall stand closed.
V.SURI APPA RAO, J
Dated 17th April, 2014 sur
[1] AIR 2002 SC 396