Necocx' APHC010153362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 106 OF 2025 Between: 1. Kotapati Anusha Chowdary @ Yalavarthi Anusha Chowdary, W/o.Kotapati Rama Krishna, D/o.Late Yalavarthi Sambasiva Rao, Hindu, aged 40 years, Housewife, R/o.D.No. 14-25-16/22, 3rd Floor, Nagamalli Enclave, Krishna Nagar, Opposite Z.P.Office, Maharanipeta, Visakhapatnam-530 002. 2. Yalavarthi Sambasiva Rao (Died) ...Petitioners/Respondents AND Kotapati Ramakrishna, S/o.Malakonda Rayudu, Hindu, aged about 44 years. Private Employe, R/o.D.No.32-54-245, NGO Colony, Kurnool Rogd, Opp Vignan School, Ongole, Prakasam District. ...Respondent/Petitioner 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 transfer the FCOP No.113 of 2023 before the Family Judge, at Ongole to the Court of the Judge, Additional Family Court- cum-V Additional District Judge, Visakhapatnam, Visakhapatnam District. lA" t OF 2025 -Petitjon "‘filed 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 FCOP No.113 of 2023 before the Family Judge, at Ongole during the pendency of the above Transfer Civil Miscellaneous Petition. Counsel for the Petitioners: Sri S.V.S.S.Siva Ram, representing M/s.CKR ASSOCIATES Counsel for the Respondent: Sri Ayesha Azma S The Court made the following Order: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.106 of 2025 ORDER: The petitioner/wife and minor son filed the present petition' under Section 24 of the Code of Civil Procedure, 1908 (“C.P.C.” for short), seeking to withdraw F.C.O.P.No.113 of 2023 on the file of the Family Judge, Prakasam District at Ongole and transfer to the Court of Judge, Additional Family Court- cum-V Additional District Judge, Visakhapatnam. The case of the l^^etitioner, in brief, is as follows: 2. St Due to matrimonial disputes in between both the parties, the 1 petitioner herein has been staying at Visakhapatnam along with minor son aged about 13 years, who is in the custody of the 1®* petitioner. The 1 petitioner further pleaded that the respondent/husband filed FCOP No.113 of 2023 before the Family Court at Ongole for seeking custody of the minor child with false grounds. She further pleaded that the distance in between Ongole and Visakhapatnam is approximately more than 400 kilometers and that she is constrained to file this application for seeking withdrawal of FCOP No.113 of 2023 from the Court of Family Judge, Ongole and transfer to the Court of Additional Family Court-cum-V Additional District Judge, St Judge, Visakhapatnam. The respondent/husband filed a counter by denying the averments mentioned in the petition. 3. Heard Sri S.V.S.S. Siva Ram, the learned counsel on behalf of M/s.CKR Associates, learned counsel for the petitioners and Sri Ayesha Azma S, learned counsel for the respondent. 4. r»?>- 2 TRCMP N0.106_2025 The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha^ held as follows; 5. 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 suit, appeal or other proceeding. In matrimonial matters, wherever Courts called upon to consider the plea of transfer, the Courts have consideration the economic soundness of both the parties, the social strata the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the 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 while considering transfer.” transfer of the are to take into of parties in at 6. The material on record primd fscie goes to show that due to matrimonial disputes in between both the parties i.e., petitioner and respondent, the 1®' petitioner is staying at Visakhapatnam along with minor son, aged about 13 years i.e., 2"^ petitioner herein and the 2"'^ petitioner is also school going child. Since the wife and child are staying at Visakhapatnam and child is prosecuting his studies at Visakhapatnam, it is just and proper to consider the request of the petitioners to withdraw the F.C.O.P.No.113 of 2023 from the Family Judge, Ongole and transfer the same to Additional Family Court at Visakhapatnam. 7. Ih the result, the Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.113 of 2023 on the file of the Family Judge, Ongole is hereby withdrawn and transferred to the Judge, Additional Family Court, Visakhapatnam. The learned Family Judge, Ongole shall transmit the case record in F.C.O.P.No.113 of 2023 to the Judge, Additional Family Court at Visakhapatnam, 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. ^ 2022 LiveLaw (SC) 627 3 TRCMP N0.106_2025 As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT registrar //TRUE COPY// S^ION OFFICER To, 1. The Judge, Family Court, Ongole, Prakasam District. 2. The Judge, Additional Family Court, Visakhapatnam, Visakhapatnam District. 3. Kotapati Anusha Chowdary @ Yalavarthi Anusha Chowdary, W/o.Kotapati Rama Krishna, D/o.Late Yalavarthi Sambasiva Rao, R/o.D.No.14-25-16/22, 3rd Floor, Nagamalli Enclave, Krishna Nagar, Opposite Z.P.Office, Maharanipeta, Visakhapatnam-530 002. 4. Kotapati Ramakrishna, S/o.Malakonda Rayudu, Private Employe, R/o.D.No.32-54-245, NGO Colony, Kurnool Road, Opp Vignan School, Ongole, Prakasam District. 5. One CC to M/s.CKR ASSOCIATES, Advocate [OPUC] 6. One CC to SRI AYESHA AZMA S, Advocate [OPUC] 7. Two CD Copies BSV vna y * s \ \ \ "i HIGH COURT DATED:03/07/2025 ORDER ' ^ 0 8 JUL 2025 , TRCMP NO. 106 OF 2025 m «o o Ssj^fentSectiwvx^^ ALLOWING THE TR.CMP «*