THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY TRANS.CIVIL MISC.PETITION NO.440 OF 2009 (Dated: 31-05-2010) Between: Smt.Bondapalli Arunsree wife of B.V.Ramana …Petitioner A n d B.Venkata Ramana son of late Dasu …Respondent THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY TRANS.CIVIL MISC.PETITION NO.440 OF 2009 ORDER: This transfer C.M.P has been filed by the respondent in M.O.P.No.15 of 2009 on the file of Senior Civil Judge, Rajam, Srikakulam District with a prayer to transfer the same to the file of any other competent civil court at Kakinada. Notice before admission came to be ordered on 28-08-2009. Initially, an ex parte order came to be passed on 17-12-2009. The said order came to be set aside as per order in Transfer CMP MP No.271 of 2009. Heard the learned counsel appearing for the parties. The petitioner is the wife of the respondent. They got married on 29-06-1991 at Samalkota. Out of the wedlock, they got three children. Disputes cropped up between them and consequently, they fell apart. The wife filed Maintenance Case No.31 of 2002 on the file of III Additional Judicial First Class Magistrate, Kakinada against the respondent. The respondent filed M.O.P No.15 of 2009 under Section 13(1)(i) and (ia) and Section 13 (4) (1-A) of the Hindu Marriage Act, 1995 for dissolution of marriage. Hence the transfer CMP. The petitioner stated in her affidavit in support of the petition that it is very inconvenient for her to attend the court at Srikakulam district to take proceedings in MOP No.15 of 2009 and she also apprehends danger to her life. Respondent filed counter-affidavit resisting the application. It is stated in the counter-affidavit that the mother of the respondent is unwell and he has to take care of his ailing mother and therefore he cannot travel all the way to Kakinada court to take the proceedings thereat. The learned counsel for the petitioner submits that the petitioner is mother of three children and it is very difficult for her to go to Rajam in Srikakulam District leaving the children at Kakinada to take the proceedings in MOP No.15 of 2009. He further submits that the petitioner is apprehending danger to her life in attending the court at Rajam. Per contra, the learned counsel for the respondent submits that the respondent cannot leave his ailing mother to attend the court at Kakinada. A fact remains that the petitioner is mother of three children. There is every justification in her contention that it is inconvenient to her to travel all the way to Rajam to take trial in MOP No.15 of 2009. Though a contention has been advanced by the counsel for the respondent that the respondent is not being well, but no material has been placed on record to substantiate the same. The other contention is that the respondent’s mother is unwell. In my considered view that ill-health of the mother of the respondent cannot be a ground to reject the prayer sought by the petitioner. Accordingly, I find that the petitioner has made out a valid ground for transfer of MOP 15 of 2009 from the file of Senior Civil Judge at Rajam to the file of Senior Civil Judge, Kakinada. Accordingly the petition is allowed transferring MOP 15 of 2009 on the file of Senior Civil Judge Court, Rajam to the file of Senior Civil Judge Court, Kakinada. No costs. _____________________ B.SESHASAYANA REDDY,J Dt.31.05.2010 TSNR