B SREELAXMI Vs. B T GURUMURTHY

JUDGEMENT

(1.) Heard the learned Counsel for both sides.

(2.) The petitioner-wife has filed this application for transfer ofOP.No.231 of 1996 which is filed for divorce, pending on the file of the II Additional Subordinate Judge, Kothapet, Ranga Reddy District to the Court of the Additional Subordinate Judge, Narsaraopet, Guntur District on the ground that she has also filed an application for maintenance before the Additional Munsif Magistrate, Narsaraopet vide MC No.32 of 1996 as also OP No.142 of 1997 under Section 9 of Hindu Marriage Act before the Subordinate Judge, Narsaraopet on the ground that she is a poor lady and the distance between Narsaraopet and Hyderabad is about 350 KMs. and it is not possible for her to contest the case at Hyderabad.

(3.) This application is opposed mainly on the ground that the respondent-husband had filed a petition for divorce in OP No.231 of 1996 in the Court of the II Additional Subordinate Judge, at Kothapet, Ranga Reddy District earlier than the petition for restitution of conjugal rights in OP. No.142 of 1997 by the petitioner-wife and, therefore, by virtue of Section 21-A of Hindu Marriage Act, subsequent petition under the Hindu Marriage Act should be transferred to the Court where the earlier petition under the same Act is pending.