APHC010138742025 QMS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 93 OF 2n?fi Between; Munna Sahithi Priyanaka @ Ponnapalli Sahithi Priyanka, D/o Ponnapalli Venkata Surya Narayana Sharma, W/o Kireeti Sagar, Aged about 29 years, R/o Plot No.313, TKR Towers, Inner Ring Road, Nunna, Vijayawada, Krishna District, A.P., ...Petitioner AND Munna Kireeti Sagar, S/o Bala Raju, Aged about 31 years, Occ- Private Employee R/o D.No.1-136, Yadavula Street Rentachinthala Mandal, Palnadu District, A.P., Pin-522421. Jettipalem Village ...Respondent 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 H.M.O.P. No.102 of 2024 on the file of the Civil Judge (Senior Division) at Gurazala, Palnadu District filed by the respondent and transfer the same to IV Additional District and Sessions Judge Court, Vijayawada other court at Vijayawada. or any lA NO: 1 OF 207^ 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 may be pleased to Stay of all further proceedings in H.M.O.P. No. 102 of 2024 on the file of the Civil Judge (Senior Division) at Gurazala, Palnadu District pending disposal of the above transfer petition. Counsel for the Petitioner: Sri D Kasim Saheb Counsel for the Respondent: Sri Jalla Hemanth The Court made the following order: 1 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITIONNo.93of 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 H.M.O.P.No.102 of 2024 on the file of the Senior Civil Judge Gurazala, Palnadu District and transfer the same to the IV Additional District and Sessions Judge Court at Vijayawada, Krishna District, for trial. The case of the petitioner in brief is as follows; The petitioner is the legally wedded wife of the respondent and the marriage of the petitioner with the respondent wassolemnized on 24.01.2015, in Sri Yogananda Lakshmi Narasimha Swamy Temple at Yadadri, Krishna District, as per the Hindu Rites and Caste Customs. After that, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her female child aged about eight (8) years at her parents’ house at Vijayawada. In view of the harassment made by the respondent/husband, the petitioner/wife lodged a complaint against the respondent/husban d dated 21.11.2023, in Crime No.495 of 2023, for the offence punishable under Section 498-A I.P.C. before Nunna Police Station, Vijayawada. After completion of investigation,charge sheet has been filed by the Police and it has been numbered as C.C.No.24 of 2024, on the file of 2. VGKR, J Tr.C.M.P.No.93 of 2025 Dated 09.07.2025 2 the IV Additional Chief Metropolitan Magistrate filed a Maintenance Case vide F.C thelV Additional District and Krishna District, under Section monthly maintenance from the Domestic Violence Case vide Vijayawadaand she O.P.No.1486 of 2024 on the file of Sessions Judge Court at Vijayawada, 144 of B.N.N.S. Act, 2023, seeking respondent/husband and she aiso fiied a D.V.C.No.43 of 2023 on the file of the lAdditional Chief Metropolitan Magistrate and the said three (3) ’ Vijayawada, Krishna District cases are pending for adjudication against the respondent/husband. •I- The petitioner/wife further pleaded that to rcause unnecessary inconvenience H.M.O.P.No.102 of 2024 Palnadu District, under Section 1955, seeking for dissolution pending for adjudication. to her, the respondent/husband had filed on the file of the Senior Civil Judge Gurazala, 13(1)(i)(ia) of the Hindu Marriage Act, of the marriage and the same is also The petitioner/wife further pleaded residing separately along with her child that, she being aged about eight (8) years at her a woman parents house at Vijayawada, it i situated at a distance of to attend the divorce , - IS very difficult for her to travelwhich i more than 100 Kms from Vijayawada to IS Gurazala every adjournment IS constrained to file the present M.O.P.No.102 of 2024 on the file of the case proceedings on each and without any male assistance and that she i petition seeking for withdrawal of H. VGKR, J Tr.C.M.P.No.93 of 2025 Dated 09.07.2025 3 Senior Civil Judge, Gurazala, Palnadu District and transfer the same to the IV Additional District and Sessions Judge Court at Vijayawada, Krishna District. 3. The respondent filed his counter-affidavit before the Registry by denying the material averments mentioned in the petition. Learned counsel for the respondent would contend that there meritsto consider the request made by the petitioner/wife in the petition and the present Transfer Civil Miscellaneous Petition may be dismissed. 4. are no 5. Heard learned counsel appearing on both sides on record. 6. Perused the material available on record. 7. 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 separatelyalong with her child aged about eight (8) years at her parents’ house at Vijayawada, Krishna Districtand she had filed three (3) casesagainst the respondent/husband herein i.e. Maintenance Case vide F.C.O.P.No.1486 of 2024 and Domestic Violence Case vide D.V.C.No.43 of 2023,all the aforesaid C.C.No.24 of 2024, cases pending for adjudication at Vijayawada and the respondent/husband is also attending the Court proceedings before the competent Courts at Vijayawada.The material on record further reveals that the respondent/husband has also instituted 3case against the petitioner/wife herein i.e., H.M.O.P.No.102 of 2024 on the VGKR, J Tr.C.M.P.No.93 of 2025 Dated 09.07.2025 4 file of the Senior Civil Judge, Gurazala, Palnadu District, 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. 8. Learned counsel for the respondent placed a reliance in a case of Sushmitha BL I/s. Raghavendra BR.' the High Court of Karnataka held follows: as 6. Constitutionally, a female has got equal rights as that of a male, a matter of fact, most situations, but that does not women are the primary victims in mean that men are not affected by the cruelty of women. Therefore, there is necessity for a gender-neutral society. Such a society aims at preventing separation of duties according to sex or gender. It will focus on egual treatment of men and women both in domestic-affairs and work places. Equality should be in its truest sense and not at the expense of either gender. However admirable our women may be, we should not efforts to safeguarding overlook the challenges encountered by men in our society. 9. The ratio laid down in the aforesaid case law, is not at all In dispute, but the material available on record prima facie goes to show thatthe wife has filed a Maintenance Case vide F.C.O.P.No.1486 of 2024,which is pending before the IV Additional District and Sessions Judge Court at Vijayawada, Krishna District. It was brought to the notice of this Court that the said was posted on 29.07.2025 and the respondent/husband case has to travel 2025 see Online Kar 2 VGKR, J Tr.C.M.P.No.93 of 2025 Dated 09.07.2025 5 invariably to attend the Court proceedings from Gurazala to Vijayawadaand 1: therefore, the facts and circumstances in the aforesaid case law is different to the present case. 10. 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 place where the divorce petition is filed by her husband, then the transfer petition filed by the wife may be allowed. 11. 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 considering transfer. ” On considering the submissions made by the learned counsel 12. appearing on both sides and in view of the ratio laid down by the aforesaid ^(2000) 10 see 304 ^ 2022 LiveLaw (Se) 627 VGKRJ • Tr.C.M.P.|\Jo.93 of 2025 Dated 09.07.2025 % 6 case laws and case, I am of the convenience of the wife has inconvenience of the on considering the facts and ci considered view that in to be taken into husband. The circumstances of the matrimonial present proceedings, the consideration than that of the petitioner/wife has been aged about eight (8) mercy of her parents at Vijayawada, in residing separately along with her Vijayawada and female child depending upon the years at such case, if the Vijayawada, she will face present case has not transferred from great difficulties to attend the Gurazala to Court proceedings at are justifiable Gurazala and therefore grounds to consider the I am of the considered view that there request made by the withdrawal of H,M.O.P.No.102 of 2024 petitioner/wife,seeking for on the file of the Senior Civil Judge Gurazala, Palnadu District and transfer the same to the IV Additional District Judge-cum-Family Court, Vijayawada, Krishna District. 13. 'n result, the Transfer the H.M.O.P.fMo.i02 of Civil Miscellaneous Petition is allowed and 2024 on the file of the Palnadu District, is hereby withdrawn Senior Civil Judge, Gurazala, and transferred to the IV Additional District Judge cum-Family Court, Vijayawada ■ Distrlct.Thelearned Senior Civil Judge, Gurazala, Palnadu District, shall transmit the case record in H.M.O.P.No.102 of 2024, to the IV Additional District Judge-cum-Family expeditiously as possible the date of Court, Vijayawada, Krishna District, duly indexed a period of one (01) week from parties are directed to as preferably within of the order. Both the receipt of a copy appear before the IV Additional VGKR, J Tr.C.M.P.No.93 of 2025 Dated 09.07.2025 7 District Judge-cum-Family Court, Vijayawada, Krishna District 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. on 29.07.2025, Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// fr ^ SECTION OFFICER To 1. The IV Additional District Judge - Krishna District. - Family Court, Vijayawada, cum 2. The Civil Judge (Senior Division) at Gurazala, Palnadu District 3. One CC to Sri D Kasim Saheb, Advocate [OPUC] 4. One CC to Sri Jalla Flemanth, Advocate [OPUC] 5. Munna Sahithi Priyanaka @ Ponnapalli Sahithi Priyanka, D/o Ponnapalli Venkata Surya Narayana Sharma W/o Kireeti Sagar, Aged about 29 Inner Ring Road, Nunna, years, R/o Plot No.313, TKR Towers Vijayawada, Krishna District, A.P. 6. Munna Kireeti Sagar, S/o Bala Raju, Aged about Employee R/o D,No.1-136, Yadavula 31 years, Occ- Private Street, Jettipalem Village, Rentachinthala Mandal, Palnadu District, A.P., Pin-522421. 7. Two CD Copies SAM sree HIGH COURT DATED;09/07/2025 ORDER TRCMP No. 93 of 2025 ^ 2 I JUL 2025 )g irentSectignXw' allowing the TR.C.M.P WITHOUT COSTS