SAPAVATH SUDEEPTHI Vs. SAPAVATH MAHESH SAI KUMAR NAIK

JUDGEMENT

(1.) This petition is filed under Section 24 of CPC by Smt.Sapavath Suddepthi, W/o.Sapavath Mahesh Sai Kumar Naik seeking transfer of HMOP.No.725 of 2020 from the file of Family Court-cum-XIV Additional and Sessions Court, Vijayawada to the Family Court at Rajahmundry, where she is taking shelter in the house of her parents.

(2.) Notice is ordered as against respondent. Despite service of notice, he has not entered appearance.

(3.) Petitioner's contention is that having not been able to bear the harassment of her husband she has reached to her parents' house in the month of March, 2019 and since then she is residing there. She has filed a case for maintenance as against the respondent herein and the same is pending for consideration before the court of IV Judicial 1st Class Chief Metropolitan Magistrate at Rajahmundry. She also has filed a case as against the respondent under Domestic Violence Act and the same is pending before the court of VI Additional Judicial 1st Class Magistrate at Rajahmundry. The respondent made appearance in both the cases. As a counterblast to the cases filed by her, the respondent has filed HMOP.No.725 of 2020 for restitution of conjugal rights and the same is pending before the Judge, Family Court-cum-XIV Additional and Sessions Court, Vijayawada. Her assertion is that she has to travel a distance of 200 kms necessarily to attend the court at Vijayawada where the application made by her husband for restitution of conjugal rights is pending for consideration; It becomes difficult for her to appear for each and every adjournment in HMOP.No.725 of 2020 which is pending before the Family Court-cum-XIV Additional and Sessions Court, Vijayawada by undertaking 2 JUD,J Tr.CMP.61 of 2021 journey of 200 kms from Rajahmundry. Therefore, she is constrained to approach this court seeking transfer of HMOP.No.725 of 2020 from the file of Judge, Family Court-cum-XIV Additional and Sessions Court, Vijayawada to the Family Court at Rajahmundry.