In a significant decision that prioritizes the convenience of women in matrimonial proceedings, the Andhra Pradesh High Court has allowed a wife’s plea to transfer her divorce case from Repalle, Guntur District, to Ongole, Prakasam District.
The decision was made in the context of H.M.O.P.No.81, a divorce case initiated by the husband and currently on file at the Senior Civil Judge, Repalle, Guntur District. The Court held that in such matrimonial cases, the wife’s convenience should be prioritized over any inconvenience to the husband.
The couple in question got married in 2011 and have two children together. Due to marital disputes, the wife has been residing separately at her parental home in Ongole, where her children are pursuing their education. However, due to the distance of more than 100 kilometers between Repalle and Ongole, the wife found it extremely difficult to travel without male assistance for attending the divorce case proceedings at Repalle.
The wife, therefore, filed a transfer petition seeking the transfer of the divorce proceedings to Ongole. On the other hand, the respondent-husband argued that there was an intent on the part of the wife to prolong the divorce proceedings, and as a private employee, he frequently has to travel to Hyderabad for work.
Despite this, the Court held that the personal appearance of the respondent would be dispensed with before the transferee Court, except on days when his presence is required. This decision marks a significant step towards prioritizing the convenience of women in matrimonial proceedings in the state of Andhra Pradesh.
