IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI ^ MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY (fi TWO THOUSAND AND TWENTY FIVE O •X 7J o '.v'-i -y -h. ¥ // PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA TRANS. CIVIL MISC.PETITION NO: 103 OF 2n?4 RAO Between: Smt. Bokke Dhana Lakshmi @ Maddela Dhana Lakshmi, W/o, Maddela Gowri Sankar, D/o. Ramachandra Rao, Hindu Occ- House hold Aged about 30 years, R/o. Enjee Varipeta, Pasupalli, Near Grama Sachivalayam, Ambajipeta Dr.B.R Ambedar Konaseema District, (Erstwhile East Godavari District A.P. ...Petitioner AND Maddela Gowri Sankar, S/o. M.S.S.Prasad, Hindu, Aged about 36 years, Occ- Employee, R/o. Flat No.51, Udaya Nilayam,1st Floor Lakshmipathi Nagar, Near A-1 Car Service Center, Vijayawada, N.T.R District, A.P. Portion No-1, Auto Nagar, ...Respondent Petition under Section 24 of the C.P.C. circumstances stated in the affidavit filed therewith, the High Court may be pleased to withdraw the FC.OP.No. 1032/2023 on the file of Family Court at Vijayawada Krishna District and transfer the same to the Hon’ble Senior Civil Judge Court at Amalapuram, Dr. B.R.Ambedkar Konaseema (erstwhile East Godavari District). Praying that in the District 1 a Kin: 1 OF 2024 under Section 151 CPC praying that in the circumstances the affidavit filed in support of the petition further F.C.OP.No.1032/2023 on District, pending disposal of Tr.CMP Petition the High Court may be the file of stated in pleased to grant stay of all Family Court at Vijayawada Krishna ; Sri. A S Narayana Counsel for the Petitioner Counsel for the Respondents The Court made the following. ; Sri A Syam Sundar Reddy THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.103 of 2024 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.1032 of 2023 the file of the Family Court, Vijayawada, Krishna District and transfer the the Senior Civil Judge Court, Amalapuram, Dr.B.R.Ambedkar Konaseema District (erstwhile East Godavari District). on same to The case of the petitioner in brief is as follows; 2. I. The petitioner is the legally wedded wife of the respondent and their marriage has been performed on 25.05.2022 at Sri Bala Tripura Sundari Pindaala Cheruvu, Kakinada as per the Hindu Rites Kalyanamandapam and Caste Customs. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house nearby Dr.B.R.Ambedkar Konaseema District. The petitioner Ambajipeta in pleaded that she lodged a complaint on 25.07.2023 at SHO Ambajipeta Police Station and the same was registered as Crime No.167 of 2023 under Section 498-A r/w 34 IPC and under Sections 3 and 4 of the Dowry Prohibition Act. She further pleaded that she also filed a Maintenance Case vide M.C.No.41 of 2023 and a Domestic Violence Case on the file of the Additional Judicial Magistrate of First Class, Amalapuram, the said three (03) cases are pending for adjudication and the respondent/husba nd has also attending the Court proceedings before the competent Courts at 2 Amalapuram. The petitioner further pleaded that, to cause inconvenience to her, the respondent/husband filed F.C.O.P.No.1032 of 2023 on the file of the Family Court, Vijayawada under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking dissolution of the marriage. II. Learned counsel for the petitioner further contended that the petitioner being a woman, staying at her parents’ house at Ambajipeta, it is very difficult for her to travel at a distance of approximately 200 Kms from Ambajipeta to Vijayawada without any male support and that she was constrained to file the present petition against the respondent/husband seeking to withdraw F.C.O.P.No.1032 of 2023 on the file of the Family Court, Vijayawada and transfer the same to the Senior Civil Judge Court, Amalapuram, Dr.B.R.Ambedkar Konaseema District (erstwhile East Godavari District). 3. Heard both sides. 4. Perused the material available on record. 5. It is represented by learned counsel for the respondent that the respondent/husband is an employee working at Vijayawada, if the Family Court proceedings in F.C.O.P.No.1032 of 2023 on the file of the Family Court, Vijayawada, has been transferred to the Court of Senior Civil Judge, Amalapuram, Dr.B.R.Ambedkar Konaseema District (erstwhile East Godavari District), it is very difficult to the respondent/husband herein to attend the 3 % Court proceedings at Amalapuram, as the respondent/husband is working at Vijayawada. Learned counsel for the respondent relied on a decision of Apex Court case of Preeti Sharma Vs. Manjit Sharma^ and he would further 6. in a contended that merely because the petitioner/wife is a lady, it does not mean that she cannot travel from Ambajipeta to Vijayawada to attend the F.C.O.P.No.1032 of 2023 on the file of the Family Court, Vijayawada, filed by the respondent/husband, against the petitioner/wife herein. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana 7. Karthik Sha^ held as follows: "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 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.” M2005) 11 see 535 ^ 1022 LiveLaw (SC) 627 4 8. On considering the submissions made by the learned counsel appearing for both sides and in view of the ratio laid down in the aforesaid case laws that in matrimonial proceedings, the convenience of the wife has to be considered than that of the inconvenience of the husband. Therefore, this Court is of the considered view that there are grounds to consider the request of the petitioner/wife to withdraw F.C.O.P.No.1032 of 2023 on the file of the l-amily Court, Vijayawada and transfer the same to the Senior Civil Judge Court, Amalapuram, Dr.B.R.Ambedkar Konaseema District (erstwhile East Godavari District). Further, the personal attendance of the respondent herein i.e. the petitioner in F.C.C.P.No.1032 of 2023 on the file of the Family Court, Vijayawada, has been dispensed with before the transferee Court i.e., the Senior Civil Judge Court, Amalapuram, Dr.B.R.Ambedkar Konaseema District (erstwhile East Godavari District), except on the days when his presence is required as per law. In the result, the Transfer Civil Miscellaneous Petition is allowed and 9. F.C.D.P.No.1032 of 2023 on the file of the Family Court, Vijayawada, is hereby withdrawn and transferred to the Senior Civil Judge Court, Amalapuram, Dr.B.R.Ambedkar Konaseema District (erstwhile East Godavari District). The Family Court, Vijayawada, shall transmit the case record in F.C.D.P.No.1032 of 2023 to the Senior Civil Judge Court, Amalapuram, Dr.B.R.Ambedkar Konaseema District (erstwhile East Godavari District), duly indexed as expeditiously as possible preferably within a period of two (02) 5 weeks from the date of receipt of a copy of the order. Further, the personal attendance of the respondent herein i.e. the petitioner in F.C.O.P.No.1032 of 2023 on the file of the Family Court, Vijayawada, has been dispensed with before the transferee Court i.e., the Senior Civil Judge Court, Amalapuram, Dr.B.R.Ambedkar Konaseema District (erstwhile East Godavari District), except on the days when his presence is required as per law. Both the parties are directed to appear before the Senior Civil Judge Court, Amalapuram, Dr.B.R.Ambedkar Konaseema District (erstwhile East Godavari District) on 24.03.2025, 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. SDI- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Family Court, Vijayawada, Krishna District 2. The Civil Judge (Senior Division), Amalapuram, Dr. B.R.Ambedkar Konaseema District (erstwhile East Godavari District). 3. Smt. Bokke Dhana Lakshmi @ Maddela Dhana Lakshmi, W/o, Maddela Gowri Sankar, D/o. Ramachandra Rao, Hindu, Aged about 30 years, Occ- House hold, R/o. Enjee Varipeta, Pasupalli, Near Grama Sachivalayam, Ambajipeta, Dr.B.R Ambedar Konaseema District, (Erstwhile East Godavari District A.P. 4. Maddela Gowri Sankar, S/o. M.S.S.Prasad, Hindu, Aged about 36 years, Occ- Employee, R/o. Flat No.51, Udaya Nilayam,1st Floor, Portion No-1, Lakshmipathi Nagar, Near A-1 Car Service Center, Auto Nagar, Vijayawada, N.T.R District 5. One CC to Sri. A S Narayana, Advocate [OPUC] 6. One CC to Sri. A Syam Sundar Reddy, Advocate [OPUC] 7. Three CD Copies Stu sree -t % HIGH COURT DATED: 27/01/2025 ORDER TFlCMP.No.103 of 2024 1 1 FEB 2025 ^ . Current oecuon ^ o\ o ALLOWING THE TR.C.M.P. WITHOUT COSTS .... mernati