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2013 DIGILAW 618 (AP)

Karri Bujatha v. Karri Uma Kanth

2013-07-31

SAMUDRALA GOVINDARAJULU

body2013
Judgment : The petitioner/wife seeks transfer of F.C.O.P No. 1051 of 2012 filed by the husband for divorce from Family Court, Visakhapatnam to Family Court, Kothagudem on the ground that she is residing with her parents at Dummugudem of Khammam district and that it is inconvenient for her to go to Visakhapatnam where the case is pending. At Dummugudem, there is no Family Court or Senior Civil Judge Court to entertain the divorce case. Admittedly, Kothagudem is at a distance of nearly 104 km. from Dummugudem. Even if the case is transferred from Visakhapatnam to Kothagudem, she has to travel the said distance. For reaching Visakhapatnam she can travel from Dummugudem to Narsipatnam and then to Visakhaptnam. Similarly for travelling from Dummugudem to Kothagudem, she has to travel from Dummugudem to Badrachalam and then to Kothagudem. Whether the matter is at Visakhapatnam or at Kothagudem, she cannot avoid the travel. The petitioner’s counsel placed reliance on SumitaSingh v Kumar Sanjay ( AIR 2002 SC 396 ) of the Supreme Court and contended that wife’s convenience is the criterion in a transfer petition. The Supreme Court in that decision did not lay down it as a principle, but observed it on the basis of facts in that case to the effect that distance between Delhi to Ara is about 1100 kms and both the places are in two different states. Therefore, the said decision cannot be applied as a matter of principle for all the matrimonial cases in the entire country. Therefore, I find no valid or legal reason for transfer of the case from Visakhapatnam to Kothagudem. Hence, the Transfer C.M.P. is dismissed.