KUDITHIPUDI DIVYA Vs. KARNATI SATISH BABU

JUDGEMENT

(1.) This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife against the respondent/husband under Sec. 24 of the Code of Civil Procedure (in short "CPC"), seeking transfer of FCOP No.1414 of 2021 from Family Court, Vijayawada to the Family Court, Guntur.

(2.) The case of the petitioner/wife in brief is that her marriage with the respondent solemnized on 9/10/2019 in a temple at Chirala town of Guntur District, as per Hindu religious customs, usages and rites prevailing in their community in the presence of elders on both sides. The petitioner submits that after the marriage, she joined the respondent and the marriage was also consummated, but no child born to them, out of wed lock. It is the contention of the petitioner that from the beginning, due to incompatibility and temperaments between them, she and the respondent were quarrelling with each other, and since 17/11/2019 disputes arose between them, and then both have started living separately, and she has been residing in her mother's house at Guntur town. The petitioner submits that the respondent went to United States of America and then elders tried to settle the marital dispute, but it failed, due to that they both decided to dissolve their marriage by way of mutual consent, and filed a petition in FCOP NO.1414 of 2021 before the Family court, Vijayawada under Sec. 13-B of the Hindu Marriage Act, seeking divorce by mutual consent, which is pending disposal. The petitioner also submits that she being only child to her mother, she has to look after day-to-day needs and welfare of her mother, who is suffering from old aged ailments, and she has been receiving threats from the family of the respondent, whenever visited the Court at Vijayawada in FCOP No.1414 of 2021. It is also the contention of the petitioner that the family of the respondent are blaming her that she is responsible for breaking of the marital bond, and as distance between Guntur to Vijayawada is around 38.2 kms she is not in a position to leave her ailing mother and difficult for her to attend the Court at Vijayawada. She prays to allow the petition.

(3.) The respondent/husband, represented by his father, who is General Power of Attorney Holder filed counter, denying the averments made in the affidavit of the petitioner. It is the contention of the respondent that he filed FCOP No.1414 of 2021 before Family Court, Vijayawada under Sec. 13-B of the Hindu Marriage Act, seeking divorce on mutual consent. He submits that after filing of divorce petition, a Memorandum of Understanding, dtd. 29/9/2021 entered between the parties, which is also acted upon and some amounts have been paid to the petitioner, by way of Bank deposit and the petitioner has to attend before the Court to file an affidavit accepting the Memorandum of Understanding for mutual consent divorce, and there are no grounds to allow the transfer petition. He prays to dismiss the petition.