APHC010153272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE V GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 105 OF 2025 Between: 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 Z.P. Office, Maharanipeta, Visakhapatnam-530 002. Krishna Nagar, opposite ...PETITIONER/RESPONDENT AND KOTAPATI RAMAKRISHNA, S/o Malakonda Rayudu, Hindu, aged .. . about 44 years. Private employee, R/o. D.No. 32-54-245, NGO Colony, Kurnool Road, Opp Vignan School, Ongole, Prakasam District ...RESPONDENT/ PETITIONER Petition Under Section 24 of the C.P.C. is filed Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to transfer the FCOP No. 161 of 2021 before the Hon’ble Family Judge, Prakasam District at Ongole to the Hon’ble Court of the Judge, Additional Family Court-cum-V Additional District Judge, Visakhapatnam. lA NO: 1 OF 2025 Petition under Section 151 C.P.C, is filed 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. 161 of 2021 before the Hon’ble Family Judge, Prakasam District at Ongole during the pendency of the above Transfer Civil Miscellaneous Petition. Counsel for the Petitioner : CKR ASSOCIATES Counsel for the Respondent: SMT. AYESHA AZMA S, ADVOCATE The Court made the following ORDER : IV- ■ THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLAEOUS PETITION No.105 of 2025 ORDER: 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.161 of 2021 on the file of the Family Judge, Prakasam District at Ongole and transfer to the Judge, Additional Family Court-cum-V Additional District Judge, Visakhapatnam. 2. The case of the petitioner, in brief, is as follows: Due to matrimonial disputes in between both the parties, the petitioner herein has been staying at Visakhapatnam along with minor son, aged about 13 years, who is in the custody of the petitioner. She further pleaded that the respondent/husband filed FCOP No. 161 of 2021 before the Family Court at Ongole for seeking dissolution of marriage 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. 161 of 2021 from Family Judge, Ongole and transfer to the Judge, Visakhapatnam. Additional Family Court, 3. The respondent/husband filed a counter by denying the averments mentioned in the petition. 4. Heard Sri S.V.S.S. Siva Ram, the learned counsel on behalf of M/s.CKR Associates, learned counsel for the petitioner and Sri Ayesha Azma S, learned counsel for the respondent. 5. The material on record prime facie goes to show that the divorce case vide FCOP No.161 of 2021 is pending before Family Judge, Ongole which was TRCMP No.l05_2025 instituted in the year 2021. The petitioner/wife has Judge, Ongole for reconciliation attended before the Family proceedings and she is attending the Court proceedings before the Family Judge, Ongole since from 2021 onwards whereas this petition is filed by the wife in the year 2025 after lapse of four years from the date of filing of the divorce case filed by the husband. It is undisputed fact that the stage of the proceedings in FCOP No.161 of 2021 before the Family Judge, Ongole is except for recording cross examination of R.W.1, the entire enquiry has been completed. Since the divorce case filed by the husband is pending before the Family Judge, Ongole, which is ripe for disposal, therefore, it is not just and proper to consider the request of the wife for seeking withdrawal. Therefore, there are no merits in the Transfer Civil Miscellaneous Petition. 6. Ih the result, the Transfer Civil Miscellaneous There shall be no order Petition is dismissed. as to costs. Since the petitioner/wife is staying along with minor son at Visakhapatnam, the personal appearance of the respondenV wife in F.C.O.P.No.iei of 2021, before the Family Judge, Prakasam District at Ongole is dispensed with except on the days when her presence is required before the Family Court at Ongole. The learned District at Ongole is directed not to insist the Family Judge, Prakasam presence of the respondent in FCOP No.161 of 2021, as long as her counsel on record is available except on the date of recording her evidence or on any other day if her presence is required in FCOP No.161 of 2021 filed by the respondent herein. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. 1 SD/- B.CHITTIJOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Family Judge, Prakasam District at Ongole, Prakasam District. 2. The Additional Family Court-cum-V Additional District Judge, Visakhapatnam, Visakhapatnam District. 3. 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, Visakhapatnam-530 002. 4. Kotapati Ramakrishna, S/o Malakonda Rayudu, Hindu, aged about 44 years. Private employee, R/o. D.No. 32-54-245, NGO Colony, Kurnool Road, Opp Vignan School, Ongole, Prakasam District 5. One CC to CKR Associates [OPUC] 6. One CC to Smt. Ayesha Azma S, Advocate [OPUC] 7. Three CD Copies Krishna Nagar, opposite Z.P. Office, Maharanipeta GPC TAC HIGH COURT DATED; 03/07/2025 ORDER TRCMP NO. 105 OF 2025 DISMISSING THIS TRCMP