APHC010113002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 26/2025 Between: Medikonda Sai Krishna and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. YENNAM SUDHEER BABU Counsel for the Respondent(S): 1. PRABHU NATH VASIREDDY 2. PUBLIC PROSECUTOR The Court made the following: ORDER: The petitioner herein have filed the present petition under Section 447 of B.N.S.S., seeking to transfer D.V.C.No.15 of 2022, on the file of the Junior Civil Judge Court, Vinukonda, Guntur District to any other Magistrate Court in Prakasam District. 2. The case of the petitioners in brief is as follows: I. The petitioner No.1 is the husband of the respondent No.2 and due to matrimonial disputes between both the parties, they are residing separately. The petitioners pleaded that the respondent No.2 has instituted a Domestic Violence Case vide D.V.C.No.15 of 2022 on the file of the Junior Civil Judge Court, Vinukonda, Guntur District and the petitioner No.1 is attending the case proceedings in the aforesaid case. The main contention of the petitioners herein is that as Vinukonda, Guntur District is the native village of the respondent No.2, they are apprehending life threat in the hands of the respondent No.2 while they are attending the Court proceedings at Vinukonda and as such the petitioners are constrained to file the present Transfer Criminal Petition seeking to transfer D.V.C.No.15 of 2022, on the file of the Junior Civil Judge Court, Vinukonda, Guntur District to any other Magistrate Court in Prakasam District. 3. Learned counsel for the respondents has contended that the respondent No.2 along with two children aged about 3 years each respectively is staying at Kotcherla Village, Vinukonda Mandal, which is within the Jurisdiction of the Judicial Magistrate of First Class at Vinukonda. He further brought to the notice of this Court that the Domestic Violence Case vide D.V.C.No.15 of 2022, on the file of the Junior Civil Judge Court, Vinukonda, Guntur District was field by the respondent No.2 in the year 2022 and after completion of nearly three (03) years, the present transfer criminal petition is filed by the petitioners herein in the year 2025 seeking transfer of the Domestic Violence Case from Vinukonda, Guntur District to Prakasam District and as such requested this Court to dismiss the present transfer criminal petition filed by the petitioners. 4. Heard Sri Yennam Sudheer Babu, learned counsel for the petitioners, learned Public Prosecutor representing for the respondent No.1/State and Sri Prabhunath Vasi Reddy, learned counsel for the respondent No.2. Perused the record. 5. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha1 held as follows: “9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio- economic 1 2022 LiveLaw (SC) 627 paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.” 6. It is well settled that in matrimonial proceedings, the convenience of the wife has to be considered than that of the inconvenience of the husband. In the present case, the grounds urged by the petitioners herein for seeking the transfer of D.V.C.No.15 of 2022, on the file of the Junior Civil Judge Court, Vinukonda, Guntur District to any other Judicial Magistrate of First Class at Prakasam District is that there is a life threat to the petitioners in the hands of the respondent No.2 at Vinukonda. 7. As seen from the material on record, this Court is of the opinion that the sole ground urged by the petitioners herein in seeking transfer of the Domestic Violence Case from Vinukonda, Guntur District to Prakasam District is that there is a life threat to the petitioners in the hands of the respondent No.2. But, I am of the considered view that “we are still living in a Civilized Society” and I see no subsistence in the submission made by the petitioners that there would be any danger to the lives of the petitioners herein while attending the Court proceedings at Vinukonda and if there is any threat given to the petitioners by the respondent No.2, the petitioners are always at liberty to complain the same to the Judicial Magistrate of First Class at Vinukonda and I am sure that if such a situation would occur, the learned Judicial Magistrate of First Class, Vinukonda, will take appropriate steps as per law. Further, learned counsel for the petitioners had brought to the notice of this Court that the presence of the petitioner No.2 herein, who is the mother-in-law of the respondent No.2/wife has been dispensed with by the Court vide order passed in Crl.P.No.899 of 2023. 8. As seen from the material on record, it is noticed that the respondent No.2/wife along with her two children aged about 3 years respectively are residing at her parents’ house and depending upon her parents, within the jurisdiction of the Judicial Magistrate of First Class, Vinukonda and mere apprehension of life threat would not be a valid ground for transferring a Domestic Violence Case. Therefore, in view of the aforesaid reasons, I do not find any merit and subsistence in the contentions taken by the petitioners and as such the present Transfer Criminal Petition is liable to be dismissed as devoid of merit. 9. With the above observations, the Transfer Criminal Petition is dismissed. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. _______________________________ JUSTICE V.GOPALA KRISHNA RAO Date: 24.04.2025 SRT