APHC010130412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATr FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 112 OF 202fi Between: Dr. Madhavam Swathi Krishna, W/o Ravindra Kumar Ganjikunta, D/o Rama Krishna, Hindu, aged 33 years. Residing at Flat No. 302, Sai Meenakshi Apartments, Ram Nagar 523001. 7*^ line, Opp Dmart, Ongole- ...Petitioner/Respondent AND Dr. Ravindra Kumar Ganjikunta, S/o. Late Bala Subbarayudu, Hindu aged about 38 years, Occ.Doctor Apartment, 23-5-178, Ullipatteda First Cross, M.Repalli panchayath Office, Tirupati District. R/o. Flat G3, Sai Emerald ...Respondent/Petitioner Petition Under Section 24 of the C.P.C. praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to withdraw the F.C.O.P. 239 of 2024, from the file of V Additional District Judge - Cum - Family Court, at Tirupati and transfer the same to the file of Family Judge at Ongole Ongole. any other Hon’ble competent court at or lA NO: 1 OF 202fi Petition under Section 151 CPC, praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in F.C.O.P. 239 of 2024, from the file of V Additional District Judge - Cum - Family Court, at Tirupati pending disposal the Transfer civil miscellaneous petition. Counsel for the Petitioner: Sri Chintha Prakash Babu, Advocate Counsel for the Respondent: Sri Kilaru Nithin Krishna The Court made the following order: of Advocate 1 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.112 of 2025 ORDER: The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908, (for short ‘the C.P.C.’) seeking for withdrawal of F.C.O.P.No.239 of 2024 on the file of the V Additional District Judge-cum-Family Court at Tirupati and transfer the same to the Judge, Family Court at Ongole, Prakasam District. The case of the petitioner in brief is as follows: 2. The petitioner is the legally wedded wife of the respondent and the I. marriage of the petitioner with the respondent was solemnized on 11.06.2015, in Pradmashali Kalyana Mandapam at Kadapa, as per the Hindu Rites and Caste Customs. During their wedlock period, the petitioner/wife and the respondent/husband were blessed with a child. After that, due to the matrimonial disputes between both the parties, the petitioner/wife has been residing separately along with her female child aged about seven (7) years at her parents’ house at Ongole. In view of the harassment made by the respondent/husband, the petitioner/wife lodged a complaint against the respondent/husband in F.I.R. No.148 of 2024, for the offence punishable under Sections 85 r/w 3(5) of B.N.S. Act, 2023, before II Town Police Station Ongole. After completion of investigation, charge sheet has been filed by the Police and it has been numbered as C.C.No.1273 of 2024, on the file of the II Additional Judicial Magistrate of VGKR, J Tr.C.M.P.No.ll2of2025 ' 2 First Class, Ongole and she filed a Maintenance Case vide M.C.No.55 of 2024 on the file of the Judge, Family Court, Ongole, Prakasam District, seeking monthly maintenance from the respondent/husband and she also filed a Domestic Violence Case vide D.V.C.(C.F.R.)No.7211 of 2024 on the file of the Judge, Family Court, Ongole, Prakasam District and the said three (3) cases are respondent/husband. The petitioner/wife further pleaded that to pending for adjudication against the II. cause unnecessary inconvenience to her, the respondent/husband had filed F.C.O.P.No.239 of 2024 on the file of the V Additional District Judge-cum-Family Court at Tirupati, under Section 13(1)(i)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. The petitioner/wife further pleaded that, she being a woman, residing separately along with her child aged about seven (7) years at her parents’ house at Ongole, it is very difficult for her to travel which is situated at a distance of more than 250 Kms from Ongole to Tirupati to attend the divorce case proceedings on each and every adjournment without any male assistance and that she is constrained to file the present petition seeking for withdrawal of F.C.O.P.No.239 of 2024 V Additional District Judge-cum-Family Court at Tirupati and transfer the to the Judge, Family Court at Ongole, Prakasam District. on the file of the same VGKR, J Tr.C.M.P.No.ll2 of 2025 ■ 3 3. Heard Sri Ch.Prakash Babu, learned counsel for the petitioner and Sri Kilaru Nithin Krishna, learned counsel appearing for the respondent. Perused the material available on record. 4. The material on record prima facie goes to show that, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her child aged about seven (7) years at her parents’ house at Ongole, Prakasam District and she had filed three (3) cases against the respondent/husband herein i.e., C.C.No.1273 of 2024, Maintenance Case vide M.C.No.55 of 2024 and Domestic Violence Case vide D.V.C.(C.F.R.)No.7211 of 2024, all the aforesaid cases pending for adjudication at Ongole and the respondent/husband is also attending the Court proceedings before the competent Courts at Ongole. The material on record further reveals that the respondent/husband has also instituted a case against the petitioner/wife herein i.e., F.C.O.P.No.239 of 2024, on the file of the V Additional District Judge- cum-Family Court at Tirupati, under Section 13(1)(i)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER HEERA\ held by considering the fact that “if a wife does not have sufficient funds 5. to visit the place where the divorce petition is filed by her husband, then the transfer petition filed by the wife may be allowed. -(20G0) 10 see 304 VGKR, J Tr.C.M.P.No.ll2 of 2025 4 6. The Apex Court in a case of N.C.V. AISHWARYA VS A.S. SARAVANA KARTHIK SHA^, held as follows: “9. The cardinal principles 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 paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while transfer.” considering 7. On considering the submissions made by the learned counsel appearing on both sides and in view of the ratio laid down by the aforesaid case laws and on considering the facts and circumstances of the present case, I am of the considered view that in matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience of the husband. The petitioner/wife has been residing separately along with her female child aged about seven (7) years and depending upon the mercy of her parents at Ongole, in such case, if the present case has not transferred from Tirupati to Ongole will face great difficulties to attend the Court proceedings on each and every adjournment before the Court at Tirupati and therefore, I am of the considered view that there are justifiable grounds to consider the request made by the she ^ 2022 LiveLaw (SC) 627 VGKR, J Tr.C.M.P.No.ll2of2025 v- * 5 petitioner/wife, seeking for withdrawal of F.C.O.P.No.239 of 2024 on the file of the V Additional District Judge-cum-Family Court at Tirupati and transfer the same to the Judge, Family .Court at Ongole, Prakasam District. In the result, the Transfer Civil Miscellaneous Petition is allowed and the 8. F.C.O.P.No.239 of 2024 on the file of the V Additional District Judge-cum-Family Court at Tirupati, is hereby withdrawn and transferred to the Judge, Family Court at Ongole, Prakasam District. The learned V Additional District Judge-cum-Family Court at Tirupati, shall transmit the case record in F.C.O.P.No.239 of 2024, to the Judge, Family Court at Ongole, Prakasam District, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of the order. Both the parties are directed to appear before the Judge, Family Court at Ongole, Prakasam District, on 21.08.2025, at 10.30 a.m. 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. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The V Additional District Judge-cum-Family Court, at Tirupati, Chittoor District. 2. Family Court at Ongole, Prakasam District. 3. Dr. Madhavam Swathi Krishna, W/o Ravindra Kumar Ganjikunta, D/o Rama Krishna, Residing at Flat No. 302, Sai Meenakshi Apartments, Ram Nagar, 7*'^ line, Opp Dmart, Ongole-523001. 4. Dr. Ravindra Kumar Ganjikunta, S/o. Late Bala Subbarayudu, Occ; R/o. Flat G3, Sai Emerald Apartment, 23-5-178, Ullipatteda Doctor, First Cross, M.Repalli Panchayath Office, Tirupati District. 5. One CC to Sri Chintha Prakash Babu, Advocate [OPUC] 6. One CC to Sri Kilaru Nithin Krishna, Advocate [OPUC] 7. Two CD Copies GPC sree - HIGH COURT DATED: 18/07/2025 ORDER TRCMP NO. 112 OF 2025 ALLOWING THIS TRANSFER CIVIL MISCELLANEOUS PETITION