KUPPILI DEEPTHI v. KUPPILI THRINADH PRAVEEN KUMAR

The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of F.C.O.P.No.427 of 2025, on the file of the Additional Judge, Family Court, Visakhapatnam, to the file of the learned Civil Judge (Senior Division), Nuzvid, Krishna District.

The case of the petitioner is as follows: I. The petitioner is the legally wedded wife of the respondent and their marriage was performed on 01.02.2017, at Visakhapatnam, as per Hindu Rites and Caste Customs. During their wedlock, the petitioner/wife and the respondent/husband were blessed with two (02) children. Thereafter, due to the matrimonial disputes between the parties, the petitioner/wife along with her two children aged about 8 years and 4 years, has been residing separately and depending upon the mercy of her parents in Mylavaram Mandal, N.T.R. District. The petitioner/wife filed a Maintenance Case against respondent/husband vide M.C.No.16 of 2025 on the file of the Judicial Magistrate of First Class, Mylavaram, under Section 144(1) of B.N.S.S. Act, 2023, seeking maintenance from the respondent/husband, the same is pending for adjudication. II. The petitioner further pleaded that that to inconvenience and to harass her, respondent/husband a petition F.C.O.P.No.427 of 2025, on file of Additional Judge, Family Court, Visakhapatnam, under Section 9 of the Hindu Marriage Act, 1955, seeking for restitution of conjugal rights and the same is also pending for adjudication. III. The petitioner being a woman, has been residing separately along with her two (2) children aged about 8 years and 4 years and depending upon the mercy of her parents at Mylavaram, the distance between Mylavaram & Visakhapatnam is more than 350Kms and it is very difficult for her to travel to attend the restitution case proceedings filed by the respondent/husband before the Court at Visakhapatnam, without any male assistance and that she was constrained to file the present petition against the respondent/husband, seeking transfer of F.C.O.P.No.427 of 2025, on the file of the Additional Judge, Family Court, Visakhapatnam, to the file of the learned Civil Judge (Senior Division), Nuzvid, Krishna District.

Heard Sri Banka Nageswara Rao, learned counsel for the petitioner and Sri Vadapalli Ramesh, learned counsel for the respondent.

Perused the material available on record. Today, when the matter is taken up for hearing, learned counsel for the respondent submitted that they have no objection to transfer the case in F.C.O.P.No.427 of 2025, which is pending before the Additional Judge, Family Court, Visakhapatnam, to the file of Additional Judge, Family Court, Vijayawada. He further submitted that he wants to file a Transfer Civil Miscellaneous Petition to transfer the Maintenance Case, filed by the petitioner herein vide M.C.No.16 of 2025, on the file of Judicial Magistrate of First Class, Mylavaram, to any competent Court in Vijayawada.

Learned counsel for the petitioner fairly conceded that they are not having any objection to transfer the said F.C.O.P.No.427of 2025, which is pending before the Additional Judge, Family Court, Visakhapatnam, to the file of Additional Judge, Family Court, Vijayawada, Krishna District.

On considering the submissions made by learned counsel appearing on both sides, without going into merits or demerits in the present petition, this Court is inclined to allow the present Transfer Civil Miscellaneous Petition.