IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 114 OF 2025 Between: Chekuri (Datia) Durga Bhavani, D/o Datia Seetha Ramaraju, Hindu, aged 31 years, R/o 3-7/2, Kalavapudi Garuvu Village Kalavapudi Post, West Godavari District - 534236 ...PETITIONER/RESPONDENT AND Chekuri Venkata Satya Surya Narayana Raju, S/o Venkata Raju, Hindu aged 35 years, R/o D.No. 2-3-7, Sri Raja Nilayam, Ramnagar, B.H.P.V. Post, Gajuwaka, Visakhapatnam -12 ...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 Petition F.C.O.P. No. 203 of 2024 from the file of the Hon'ble Family Court, at Visakhapatnam and transfer the same to the court of Hon'ble III Additional District Sessions Judge, Bhimavaram for trail and disposal of the same in accordance with law lA NO: 1 OF 2025 / / 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 all further proceedings in F.C.O.P. No 203 of 2024 pending on the file of the Hon’ble Family Court, Visakhapatnam; pending disposal of the main Transfer Civil Miscellaneous Petition Counsel for the Petitioner: SRI. K V ADITYA CHOWDARY Counsel for the Respondent: -- The Court made the following order: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.114 of 2025 ORDER: Today when the matter is taken up for hearing, Sri K.V.Aditya Chowdary, learned counsel for the petitioner has represented that the proof of service memo dated 21.04.2025, along with the postal track consignment sheet is filed before the Registry and the same is placed on the record. As per the track consignment sheet, the registered notice sent to the respondent was served on him on 07.04.2025. Therefore, service held sufficient. None appeared for the respondent. 2. The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw F.C.O.P.No.203 of 2024, on the file of the Family Court, Visakhapatnam and transfer the same to III Additional District & Sessions Judge, Bhimavaram. 3. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Kalla Mandal, West Godavari District on 24.05.2013 as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Kalavapudi Garuvu Village, West Godavari District and depending upon the mercy of her parents. The petitioner/wife pleaded that she had filed a Maintenance Case Vide M.C.No.5 of 2024 and a Domestic Violence Case vide 2 D.V.C.(SR).No.6368 Bhimavaram, West adjudication. of 2024 on the file of the I Additional Godavari District Junior Civil Judge, pending for filed and the pleaded that on the file of the Senior same are The petitioner further she had also H.M.O.P.No.55 of 2024 Civil Judge, Bhimavaram Hindu Marriage Act West Godavari District seeking restitution of the Court under Section 9 of the conjugal rights and the 1955, respondent/husband is attending proceedings in the aforesaid Bhimavaram, West Godavari inconvenience to her, the cases before the i District. The petitioner competent Courts at contend that to P No.203 of 2024, under Section 13(1)(ia) of the cause respondent/husband filed F.C.O. Visakhapatnam on the file of the Family Court Hindu Marriage Act, I955 II. Learned counsel for the seeking for dissolution of marriage. petitioner further contended that the petitioner being a mercy of her parents, it is very difficult for her more than 300 Kms from Kalavapudi Visakhapatnam without woman, depending upon the to travel at a distance of District to West Godavari that she respondent/husband on the file of the Family Court, District & Sessions any male support and against the was constrained to file the present petition seeking to withdraw F.C.O.P.No.203 of 2024 Visakhapatnam and transfer Judge, Bhimavaram. the same to III Additional 4. Heard Sri K.V.Aditya Chowdary registered notice sent to the respondent. Therefore, record. . learned respondent was served service held sufficient. Perused counsel for the petitioner, on him, none Though appeared for the the material available on 3 The material on record prima facie goes to show that the petitioner/wife has 5. filed a Maintenance Case Vide M.C.No.5 of 2024, a Domestic Violence Case vide D.V.C.(SR).No.6368 of 2024, on the file of the I Additional Junior Civil Judge, Bhimavaram, West Godavari District and H.M.O.P.No.55 of 2024 on the file of the Senior Civil Judge, Bhimavaram, West Godavari District under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights and the respondent/husband is attending the Court proceedings in the aforesaid cases before the competent Courts at Bhimavaram, West Godavari District. The respondent/husband has filed F.C.O.P.No.203 of 2024, on the file of the Family Court, Visakhapatnam, under Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking for dissolution of marriage. 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 to visit the 6. 1 place where the divorce petition is filed by her husband, then the transfer petition filed by the wife may be allowed. The Apex Court in a case of N.C.V. Alshwarya Vs A.S.Saravana Karthik 7. Sha^ 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 ^ (2000) 10 see 304 " 2022 LiveLaw (SC) 627 4 \ 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 considering transfer. ” On considering the submissions made by the learned counsel for the petitioner and in view of the ratio laid down in the aforesaid case laws that in matrimonial proceedings, the convenience of the wife has to be considered than that of the inconvenience of the husband. Therefore, this Court is of the considered view that there are grounds to consider the request of the petitioner/wife to withdraw F.C.O.P.No.203 of 2024, on the file of the Family Court, Visakhapatnam and transfer the same to the Senior CiviUudge, Bhimavaram, West Godavari District. 8. 9. In the result, the present petition is allowed and F.C.C.P.No.203 of 2024 the file of the Family Court, Visakhapatnam, is hereby withdrawn and transferred to the Senior Civil Judge Court, Bhimavaram, West Godavari District. The Family Court, Visakhapatnam, shall transmit the case record in F.C.D.P.No.203 of 2024 to the Senior Civil Judge Court , Bhimavaram, West Godavari District duly indexed expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of the order. There shall be no order as to costs. on as As a sequel, miscellaneous petitions, if any pending and the Interim order * ^ raja babu assistant registrar granted earlier, if any, shall stand closed. //true copy// IL To SECTION OFFICER The Family Court, 2- The III Additional 3. One CC to Sri. 4- Three CD at Visakhapatnam. District Sessions Judge \ Bhimavaram KVAdifyaChowdary, Advocate [OPUC] high court DATED;08/05/2025 ORDER TRCn/IP.No.114 of 2025 OF 'l 2 7 MAY 21)75 ^ ^ . Current aeciion * ^ ^!!s£^PATCt^^^ O' ALLOWING THE TRANSFER miscellaneous petition CIVIL