APHC010144732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0^0 0 WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 97 OF 2025 Between: B.Veera Mani, W/o.Sai Kiran. aged about 42 Brahmanagudem, Chagallu, West Godavari District of Andhra Pradesh. years, Harijanapeta, ...Petitioner AND ->^B.Sai Kiran, S/o.Beera Lakshmipathi, aged 45 years, R/o.36-93-322 Indira Nagar, Kancharapalem, Vishakhapatnam District Pradesh. of Andhra ...Respondent Petition filed 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 order withdrawal of the F.C.O.P No. 1200 of 2020 Court '/•of V Additional on the file of the District and Sessions-Cum-Family Judge, file of the IXth Additional Visakhapatnam, Visakhapatnam District, to the District Judge, Kovvuru, West Godavari District for trial and dispose of the same in accordance with law. to any other Court in Kovvuru ^ kM • A J-1 Counsel for the Petitioner: SRI Y.S.VIJAYA PRATAP Counsel for the Respondent: - The Court made the following Order: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.97 of 2025 ORDER: Today when the matter has been taken up for hearing, learned counsel for the petitioner has represented that the proof of service Memo dated 19.06.2025, along with the postal track consignment sheet downloaded from the Postal Department Website has beenfiled 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 11.06.2025. 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, (for ‘short the C.P.C.’) seeking for withdrawal of F.C.P.No.1200 of 2020 on the file of the V Additional District and Sessions-cum- Family^dge, Visakhapatnam District Judge, Kovvuru, West Godavari District, for trial. and transfer the same to the file of the IX Additional 3. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent/husband and their marriage was performed in the presence of their elders and family members on 08.04.2000, at Visakhapatnam, as per the Christian Rites and Caste Customs. After that, due to the matrimonial disputes between both the spouses^ the petitioner/wife has been residing separately at her parents’ VGKR,; Tr.C.M.P.No.97 of202i, Dated 2S.06.202S house at Kovvum, West Godavari District and depending upon the mercy of her parents. The petitioner/wife pleaded that she filed a Maintenance Case vide M.C.No.2 of 2019 on the file of the Judicial Magistrate of First Class, Nidadavole, West Godavari District and she also filed a Domestic Violence Case vide D.V.C.No.16 of 2019 on the file of the Judicial Magistrate of First Class, Nidadavole, West Godavari District and the said pending for adjudication against the respondent/husband competent Courts at Nidadavole. two (2) cases are before the II. The learned counsel for the petitioner would further contend inconvenience to the petitioner/wife, the respondent/husband had filed F.C.O.P.No.1200 of 2020 on the file of the V Additional District and Sessions- cum-Family Judge, Visakhapatnam, under Section 10(VIII) of Indian Divorce that to cause Act, 1869, seeking for divorce and the same is also pending for adjudication. III. 'Earned counsel for the petitioner would further contended that the petitioner being a woman and depending upon the mercy of her parents, it is very difficult for her to attend the divorce case proceedings before the Court at Visakhapatnam, which is situated at a distance of more than 190Kms from Kovvuru to Visakhapatnam without any male assistance and that she constrained to file the present petition against the respondent/husband, *9 seeking for withdrawal of F.C.P.No.1200 of 2020 on the file of the V Additional District and Sessions-cum-Family Judge, Visakhapatnam and transfer the was , / 3 i» VGKR, J Tr.C.M.P.No.97of2025 Dated 25.06.2025 / Visakhapatnam and transfer the same to the file of the IX Additional District Judge, Kovvuru, West Godavari District. Heard learned counsel for the petitioner. 4. I- Though registered notice sent to the respondent was served on him, none 5. appeared for the respondent. Therefore, ‘service held sufficient’. Perused the material available on record. 6. The material on record prima faciegoes to show that in view of the matrimonial 7. disputes between both the spouses, the petitioner/wife has been residing separately at her parents’ house at Kovvuru, West Godavari District and she had filed two (02) cases against the respondent/husband i.e., Maintenance Case vide M.C.No.2 of 2019 & Domestic Violence Case vide D.V.C.No.16 of 2019 on the file of the Judicial Magistrate of First Class, Nidadavole, West Godavari District and the aforesaid cases ^ pending for adjudication against the respondent/husband and the respondent/husband is also attending the case proceedings before the competent Courts at Nidadavole. The material on record further reveals that the respondent/husband had filed F.C.P.No.1200 of 2020 on the file of the V Additional District and Sessions-cum-Family Judge, Visakhapatnam, under Section lO(VIII) of Indian Divorce Act, 1869, seeking for divorce and the same is also pending for I adjudication. 4 VGKK, „ of 2di Dated 25.06.202^ Tr.C.M.P.No.97 8. The Apex Court i HEERA\ held visit the place where the petition ifled by the wife The Apex Court i Sha^held as follows; a case of GEETA by considering the fact HEERA Vs HARISH CHANDER not have sufficient funds then the transfer that "if a wife does to divorce petition i 's filed by her husband. niay be allowed.” 'n a case of N.C.V. 9. Aishwarya Vs A S Saravana Karthik 9. The cardinal for exercise of power Civil Procedure is that the ends appeal or Other proceeding. In to consider the plea of ^nder Section 24 of the of justice should demand "’otrimoniai matters, transfer, the Code of the transfer of the suit, are called upon consideration the wherever Courts “ Courts h to take into economic soundness of both behavioural pattern, the parties, the social strata of the their standard of life prior to the spouses and their thereto and the ch marriage and circumstances of both umbrella they subsequent - 'P out their livelihood their sustenance the parties i under whose protective and to life. Given the is the wife’s are prevailing socio- economic oaradinrr. ■ .u P°'"'Pnionce which must be looked ” ® society, generally, it considering transfer.” ot while 10. ^Considering the and in view of the submissions made by the ratio laid down i learned counselfor the petitioner in the aforesaid case laws that in Proceedings, the niatrimonial convenience of the fnconvenience Of the husband Wife has to be considered than that am of the considered Vi of the ■ Therefore, I justifiable - view that there petitioner/wife for Qrounds to withdrawal of p c are consider the P No.1200 of 2020 '■cquest made by the on the file of the V seeking Additional District ■-«Q and '(2000) 10 see 304 ^ 2022 LiveLaw (SC) 627 5 VGKR, J Tr.C.M.P.No.97 of 2025 Dated 25.06.2025 Sessions-cum-Family Judge, Visakhapatnam and transfer the same to the file of the IX Additional District Judge, Kovvuru, West Godavari District. In the result, the present Transfer Civil Miscellaneous Petition is allowed and the F.C.P.No.1200 of 2020 on the file of the V Additional District and Sessions Family Judge, Visakhapatnam, is hereby withdrawn and transferred to the IX Additional District Judge, Kovvuru, West Godavari District. The learned V Additional District and Sessions-cum-Family Judge, Visakhapatnam, shall transmit the case record in F.C.P.No.1200 of 2020, to the file of the IX Additional District Judge, Kovvuru, West Godavari District, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of this order.There shall be no order as to costs. 11. -cum- 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// ■\ (d!>' SECTION OFFICER To 1. The V Additional Visakhapatnam, Visakhapatnam District. 2. The IX Additional District Judge, Kovvuru W/o.Sai, Kiran, Harijanapeta, Chagallu, West Godavari District of Andhra Pradesh. District and Sessions-Cum-Family Judge, West Godavari District. 3. B.Veera Mani, Brahmanagudem, 4. B.Sai Kiran, S/o.Beera Lakshmipathi, R/o.36-93-322, Indira Nagar, Kancharapalem, Vishakhapatnam District of Andhra Pradesh. 5. One CC to Sri Y.S.Vijaya Pratap, Advocate [OPUC] 6. Three CD Copies BSV vna HIGH COURT \ DATED:25/06/2025 ORDER TRCMP N0.97 OF 2025 £ Sf (I2JUL 2025 Co X S-.'■x ALLOWING THE TR.CMP