THE HON’BLE SRI JUSTICE V.SURI APPA RAO TR. C.M.P. No.109 OF 2012 Dated 3rd June, 2014 Between:
Smt.Talasila Pushpalatha .. Petitioner and Talasila Venkata Srinivasa Rao .. Respondent THE HON’BLE SRI JUSTICE V. SURI APPA RAO TR. C.M.P. No.109 OF 2012 ORDER:
This petition under section 24 of the Code of Civil Procedure is filed by the petitioner seeking transfer of H.M.O.P.No.92 of 2011 from Senior Civil Judge’s Court, Avanigadda, Krishna District, to Family Court at Visakhapatnam.
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 she has been residing at Visakhapatnam after the respondent-husband deserted her. As such, it would be convenient for her to attend the Court at Viskhapatnam, to face the proceedings in O.P. filed by her husband.
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Considering the above circumstances, this petition is allowed and O.P.No.92 of 2011 is hereby withdrawn from the file of Senior Civil Judge’s Court, Avanigadda, and transferred to Family Court, Visakhapatnam, for disposal in accordance with law.
Miscellaneous petitions pending in this petition, if any, shall stand closed.
V.SURI APPA RAO, J
Dated 3rd June, 2014 sur
[1] AIR 2002 SC 396