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2019 DIGILAW 227 (AP)

Chetana Nuthalapati v. Naresh Kantheti

2019-09-11

M.VENKATA RAMANA

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ORDER : M. Venkata Ramana, J. 1. The petitioner is the wife of the respondent. Their marriage was celebrated on 29.11.2017 in TTD Kalyana Mandapam, Sattenapalli, as per Hindu Rites and Caste Customs. 2. The respondent is stated to be a Chartered Accountant, working at Chennai and whereas, the petitioner has also completed chartered accountancy, who is not, however, employed. Disputes arose between this couple and the respondent filed F.C.O.P. No. 291 of 2019, now stated to be pending on the file of the Court of learned Judge, Family Court, Vijayawada (Court of XIV Additional District Judge, Vijayawada), for divorce on several grounds. 3. Now, it is stated by the petitioner that she is depending On her parents, who are teachers and that since Vijayawada is about 85 kilometers from Sattenapalli, it is difficult for her to travel on the dates of hearing in the above matter. Thus setting out ground of personal inconvenience, she requested to transfer the above divorce petition to the Court of learned Judge, Family Court, Guntur. 4. On behalf of the respondent, his learned counsel opposed this petition stating that the ground as set out by the petitioner cannot have any bearing in as much as the petitioner has to attend any of the Courts either at Guntur or Vijayawada even if her request for transfer of the matter is accepted. 5. Now, the point for determination is: "Whether the request of the petitioner to transfer F.C.O.P. No. 291 of 2019 from the Court of learned Judge, Additional Family Court, Vijayawada, to the Court of learned Judge, Family Court, Guntur, be accepted?" 6. It is not in dispute that the respondent is gainfully employed in Chennai. It makes no difference for him to attend either of the Courts at Guntur or Vijayawada, since he has to reach these Courts from Chennai. 7. However, it is not so for the petitioner, who is a resident of Sattenapalli. She is staying with her parents, according to her version and it is very convenient for her to attend the Court at Guntur, which is stated to be at about 35 kilometers from her place of residence, than attending the Court at Vijayawada, which is stated to be 85 kilometers from Sattenapalli. She is staying with her parents, according to her version and it is very convenient for her to attend the Court at Guntur, which is stated to be at about 35 kilometers from her place of residence, than attending the Court at Vijayawada, which is stated to be 85 kilometers from Sattenapalli. When the grounds urged on behalf of the petitioner are taken into consideration, since it-is not as such, controverted on behalf of the respondent, it has to be accepted. Convenience of wife takes predominance in matrimonial causes and therefore, the request of the petitioner has to be accepted, as rightly contended on behalf of the petitioner. 8. In the result, Transfer CM.P. is allowed. Consequently, F.C.O.P. No. 291 of 2019 now pending on the file of the Court of learned Judge, Family Court, Vijayawada, is withdrawn and is transferred on to the file of the Court of learned Judge, Family Court, at Guntur. There shall be no order as to costs. 9. Consequently, miscellaneous petitions pending, if any, in this transfer petition, shall stand closed.