I-_ APHCO10147692025 EHE] EjijRE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO CIVIL MISCELLANEOUS PETITIONNO: 102 OF 2025 Between.- Mutyala all-aS Akula Naga yamI-ni, W/o Sai Teja, Aged about 27 years, occ pvt Employee, R/o Yarrabalem Village, MangalagI-ri MandaI, Guntur District ...Petitioner/Responcien€ AND Mutyala Saj Teja, s/o Kanaka Rao, aged About 28 years, occ pvt Employee, R/o Nakasi Bazar, Jaggaiahpeta Town and MandaI, NTR (Krjshna) District. ...Respondent/petI-tiOner petit,Ion under section 24 of the c.p.c. praying that Ion the cI-rCumStances stated in the affI'daVit filed therewjth, the High Court may be pleased to withdraw the H.M.O.P. No. 120 of 2024 from the fl'le of civ" Judge (senior Djvisl-on) court, Nandl'gama, NTR (Krishna) DI-Strict, and to transfer the same to the cl'viI Judge (sen,-or Division) court, Manga'agiri, Guntur DI-Strict. IA NO.. 1 petition under section 151 CPC pray,'ng that in the circumstances stated jn the affidavit filed in support of the petition, the High Court may be pleased to _ _ ---` `__-\+\\^\\*\^ stay all further proceedings in H.M.O.P. No. 120 of 2024 on the file of the civil Judge (senior DI'V[-SiOn) Court, Mangalagiri, Guntur Dl-strI-Ct. Counsel for the PetitI-Oner.I SRI. SREENIVASA RAO VELIVELA c`ounsel for the Respondent SRl. GHANTASALA UDAYA BHASKAR Th'6 court made the following Order.- ¢. '9 \ '``.--``ha`JdH~` ii= THE HONJBLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.102 of 2025 ORDER: The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure,1908, (for short fthe C.P.C.I) seeking for withdrawal ofH.M.O.P.No.120 of 2024 on the file of the Senior Civil Judge, Nandigama, Krishna District and transfer the same to the Senior Civil Judge Court at Mangalagiri, Guntur District, for trial. 2. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent/husband and the marriage of the petitioner with the respondent wassolemnized. on ll.03.2023, at Y Convention, Pedavadlapudi Village, Mangalagiri Manda', Guntur District, `as per the Hindu Rites and Caste Customs.After that, dLIe tO the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately at Mangalagiri and depending upon the mercy of her parents at Mangalagiri, Guntur District. ll. The petitioner/wife further pleaded that in view of the harassment made by the respondent/husband, she lodged a complaint against the respondent/husband, dated 29.10.2024, in F.I.R.No.461 of 2024, for the offence punishable under Section 85 r/w 3(5) of B.N.S. Act, ±_. \-=- c-, tf ` _--` VGKR,I i Tr.C.M.P.No.102 of2025 - Dated 14.07.202531 2 2023, before the MangalagI-ri Rural Poll-Ce Station and the same is Pending for investigation. Ill. The petitioner/wife further pleaded that to causeinconvenience and to harass her, the respondent/husband had filed H.M.O.P.No.120 of 2024 on the file of the Senior cl'vjI Judge, NandI-gama, Krl-shna District, under section 9 of the Hindu Marriage Act,1955, seeking'for restitution of conjugal rights and the same I-s pendI-ng for adjudication. lv. The petitioner/wife further pleaded that she beinga woman, resI'djng SeParatelyat her parentsJ house at Mangalagirl-, it is very diffI-Cult for her to travelto attend the case proceedings on each and every adjournment without any male assistance and that she was constrained to file the present-petition seeking for withdrawal of H.M.O.P.No.120 of 2024 on the file of the senI'Or Civil Judge, Nandigama, Krjshna District and transfer the same to the senior civil Judge Court at MangalagirI-, Guntur District. 3. It was brought to the notice of this court by the learned counsel aPPearI|ng On both Sides that there are no other pending cases between both the parties, except the said case filed by the respondent/husband herein against the petitioner/wife i.e., H.M.O.P.No.120 of 2024, which is Pending before the Senl'or Civil Judge, NandI-gama, Krishna DistrI-Ct. 4. Heard learned counsel appearing on both sides on record. &- q..I+ §=-r-`f _:./ VGKR, I Tr.C.M.P.No.102 of 2025 Dated 14.07.2025 3 5. Perused the material available on record. 6. The material on record pr,'ma faC,'e goes tO Show that, due tO the matrimonial disputes between both the SPOuSeS, the Petitioner/Wife has been residing separately at Mangalagiri and depending upon the mercy Of her parents. she lodged a complaint i.e., a Criminal Case in F.I.R.No.461 of 2024, for the offence punishable under Section 85 r/w 3(5) of B.N.S. Act, 2023, before the Mangalagiri Rural Police Station and the same iS Pend'lng. for ihvestigation. Furthermore, the material On record d'lSCIOSeS that the respondent/husband has instituted H.M.OIP.No.120 of 2024 on the file of the senior civil Judge, Nandigama, Krishna District, under Section 9 o,i the Hindu Marriage Act,1955, seeking for restitution Of conjugal rights and the same is pending for adjudication. 7. The Apex Court in a case Of IV.C.V. A/SHVVARVA VS A.S. SARAVAIVA /(ARTfJ/K SHA1, held as follows: ''9. The cardinal principles for exercise of power under Section 24 of the code of c-IViI 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 cOnSide.r the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spous,es and their behavioural pattern, their standard of life prior to I i 1 2022 LiveLaw (SC) 627 € ``....-I VGKR,J .` Tr-C-M ;P;¥eod 1104:OO7f. 22oO2255-i `_ 4 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 p.:e:ailing socio-economic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at wirle considering transfer." 8. On consjderl-ng the submissjons made by the learned counsel appearing for both sides and in view of the ratI'O laid down by the aforesaid case lawand on considering the facts and cI-rCumStanCeS Of the casethat in matrimonial proceedings, the convenience of the wife has to be taken I'ntO consideration than that of the inconvenience of the husband and the petI'tiOner/WI'fe has been residl-ng separately at her paren{sl house at Mangalagiri, it is very difficult for the petitioner to travel from MangalagI'ri tO Nandigama to attend the case proceedings on each and every adjournment without any male assistance and therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petl'tioner/wI'fe, Seeking for withdrawal of H.M.O.P.No.120 of 2024 on the file of the Senior CivI-I Judge, Nandigama, Krishna District and transfer the same to the Senior CI-Vil Judge Court at Mangalagl-ri, Guntur District. Further, on considering the submissions made by the learned counsel for the respondent, that except thl-s case, there are no other cases pending q`between both the par{I'eS jn any other Court, either at MangalagI'ri Or \\`t ``--r`~se E= r.``. VGKR, J Tr.C.M.P.No.102 of 2025 Dated 14.07.2025 5 Nandigama. Considering the submissions made by the learned counsel for the respondent that the respondent/husband is a private employee, currently residing in Nandigama, in case if the said case has been transferred to Mangalagiri, the respondent/husband will face much difficulties to attend the proceedings before the court at Mangalagiri, I am of the considered view, it is desirable to dispense with the personal attendance of the respondent/husband herein i.e., the petitioner inH.M.O.P.No.120 of 2024 on the file of the Senior Civil Judge, Nandigama, Krishna District, before the transferee court i.e., senior civil Judge, I-VIangalagiri, except on the days when his personal appearance is required before the said Court as p+er law. 9. ln the result, the Transfer Civil Miscellaneous Petl-lion is allowed and H.M.O.P.No.120 of 2024 on the file of the Senior Civil Judge, Nandigama, Krishna District, is hereby withdrawn and transferred to the senior civil Judge, MangalagirI', Guntur District. The learned Senior Civil Judge, Nandigama, Krishna District, shall transmit the case record in H.M.O.P.No.120 of 2024, to the Senior Civil Judge, Mangalagiri, Guntur 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 SenI-Or Civil Judge, Mangalagiri, Guntur District,-on 18.08.2025, at 10.30 a.m. Later, the learned Senior Civil VGKR, J Tr.C.M.P.No.102 of 202.5 6 Dated 14.07.2025 Judge, MangalaglrI, Guntur DIStrICt, ls hereby dlrected not {o I'nS,'St for the personal appearance of the respondent hereln le, the petI{lOner ln H.M O P No 120 of 2024, as long as his counsel on record ls attendlng the court proceedl'ngs and representlng the case except on the day when re- conc,llatIOn proceedlngs are belng taken up or on the day when hI-S cross-examlnatlon is requlred to be recorded or on any other day when hls personal appearance IS requlred as dlrected by the learned senlor cl'v" Judge, Mangalaglrl, Guntur DlstrICt There sha" be no order as to costs As a sequel, mlscellaneous petltl'OnS, If any pendI'ng and the lnterlm order granted ea.rjI'er, ]f any, shall stand closed. //TRUE COPY// -_-.='v-I A E5 ASSISTANT REGIST sd/-A VIJAYA BABU Zzz \S=T^ \\-_== I_ To, 1 The c,v,I Judge (sen,or D,v,s,on) court, Wand,gama, NTR (Knshna) District 23 T#h^ue!yca;valla:±uadsg:k(uslean:araDaIV=1l=:?::rf1_MangalaglrI , G untur D::`{\r\I®C: 3 MoGC::nytauErav#frfcF:okyu:ae lN a gRaloY ay:= r:rlivb£e::Va;;g=J::e: g:;aeGnd:an-:_uo;uF:s:r-IyC: a rs 1 occ pvt Employee, R/o yarraba'em v,''age, Mangalag,n Mandal, Guntur DjstrJ-Ct 4 Mutya'a sa, TeJa, S/o Kanaka Rao, aged About 28 years, occ pv{ Employee, R/o Nakas, Bazar, JaggaJahpeta Town and Mandal, NTR (Kr,-shna) D,-stn'ct. 5 one cc to sH Sreenlvasa Rao vet,veja, Advocate [opucJ 6 one cc to sn Ghantasala Udaya Bhaskar, Advocate ropucJ 7. Two cD Copies PF3 Vna £/ r ` ` ~ + _ I \ ` \ \_ | I HIGH COURT DATEDI| 14/07/2025 ORDER TRCMP NO.102 OF 2025 ALLOWING THE TRCMP Both the part,-es are dI-reCted to appear before the civil Judge (senl-or D,-vision) , Mangalagiri, Guntur District, on 18/08/2025 at 10:30 a.m.