THE HON’BLE SRI JUSTICE V.SURI APPA RAO TR. C.M.P. No.84 OF 2014 Dated 28th April, 2014 Between:
Sikha Anusha .. Petitioner and Sikha Nani Kumar .. Respondent THE HON’BLE SRI JUSTICE V. SURI APPA RAO TR. C.M.P. No.84 OF 2014 ORDER:
This petition under section 24 of the Code of Civil Procedure is filed by the petitioner-wife seeking to transfer O.P.No.810 of 2013 from the file of Principal District Judge’s Court, Guntur, to Family Court, Vijayawada, to be tried along with M.C.No.219 of 2012.
Heard.
Learned counsel for the petitioner submits that the petitioner is residing at Vijayawada along with her parents after the respondent- husband deserted her. He further submits that M.C. filed by the petitioner is also pending in Family Court, Vijayawada. As such, O.P. filed by the respondent herein also can be transferred to Family Court, Vijayawada.
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Considering the above circumstances, this petition is allowed and O.P.No.810 of 2013 is hereby withdrawn from the file of Principal District Judge’s Court, Guntur, and transferred to Family Court, Vijayawada, for disposal along with M.C.No.219 of 2012 in accordance with law.
Miscellaneous petitions pending in this petition, if any, shall stand closed.
V.SURI APPA RAO, J
Dated 28th April, 2014 sur
[1] AIR 2002 SC 396