APHC010175842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO IRANSFER CIVIL MISCELLANEOUS PETITION NO: 133 OF 2025 Between: Gurram Manjusha @ Surabhi Manjusha D/o.Surabhi Daniel, aged about 27 years, Rajiv Nagar, Payakapuram, No.9347151237 W/o.Gurram Raghunanda, R/o.D.No.2277, 1st Floor, New Vijayawada-520015, N.T.R. District Cell ...Petitioner AND Gurram Raghunandan, S/o.Jashuva Kiran, aged 31 years, R/o. Flat No.402, Radha Krishna Apartments, Jilleleguda, L.B.Nagar, Hyderabad-5000 74 No 7306138319 Cell ...Respondent Petition 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 withdraw OP No.57 of 2024 pending on the file of the XIII Additional District Judge Narasaraopeta Guntur district and to transfer the Family Court cum XIV Additional District Judge At Vijayawada district. same to Additional Krishna lA NO: 1 OF 2025 Petition 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 grant stay of all further Proceedings in DOP No.57 of 2024 pending on the file of the XIII Additional District Judge Narasaraopeta Guntur district. Counsel for the Petitioner: SRI. K. R. RAGHAVENDRA RAO Counsel for the RespondentzSRI. VENKATA DURGA RAO ANANTHA The Court made the following order: •>; ■ ^'/ i- THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.133 of 2025 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw D.O.P.No.57 of 2024, on the file of the XIII Additional District Judge, Narasaraopeta, Guntur District and transfer the same to the Additional Family Court-Cum-XIV Additional District Judge at Vijayawada, Krishna District. The case of the petitioner in brief is as follows: 2. I. The petitioner is the legally wedded wife of the respondent/husband and their marriage has been performed on 27.08.2020, as per Christian rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Vijayawada, N.T.R.District and depending upon the mercy of her parents. The petitioner pleaded that she had lodged a complaint before Disha Police Station, Vijayawada under Sections 498-A, 506 IPC and under Sections 3 & 4 of the Dowry Prohibition Act vide FIR.No.68 of 2024, after completion of investigation, the Charge Sheet has been filed by the Investigating Officer vide C.C.No.3287 of 2024, on the file of the II Additional Chief Metropolitan Magistrate at Vijayawada and the same is pending for adjudication. The petitioner further pleaded that she had 2 filed a Maintenance Case vide F.C.O.P.(MC).No.1097 of 2024, on the ' file of the Additional Family Court cum-XIV Additional District Judge at Vijayawada, she also filed F.C.O.P.No.1095 of 2024, on the file of the Additional Family Court cum-XIV Additional District Judge at Vijayawada seeking for restitution of conjugal rights and the petitioner had also filed a Domestic Violence Case vide D.V.C.No.344 of 2024, on the file of the I Additional Chief Metropolitan Magistrate Court at Vijayawada and the respondent is attending the Court proceedings before the competent Courts at Vijayawada. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner the respondent/husband had filed D.O.P.No.57 of 2024, on the file of the XIII Additional District Judge, Narasaraopeta, Guntur District, under Section 10(1)(ix)(x) of the Divorce Act, 1869, seeking for dissolution of marriage. II. Learned counsel for the petitioner 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 Court proceedings before the learned XIII Additional District Judge, Narasaraopeta, Guntur District, on each and every date of adjournment without any male support and that she was constrained to file the present petition against the respondent/husband seeking to withdraw D.O.P.No.57 of 2024, on the file of the XIII Additional District Judge, Narasaraopeta, Guntur District and transfer 3 % ^ the Additional Family Court-Cum-XIV Additional District Judge at Vijayawada, Krishna District. the same to 3. Heard Sri K.R.Raghavendra Rao, learned counsel for the petitioner and Rao Anantha, learned counsel for the respondent. Perused Sri Venkata Durga the material available on record. to show that in view of the both the parties, the petitioner/wife is staying at The material on record prima facie goes 4. matrimonial disputes between her parents' house at Vijayawada, N.T.R. District and she had lodged a complaint before Disha Police Station. Vijayawada under Sections 498-A, 506 Prohibition Act vide FlR.No.68 of IPC and under Sections 3 & 4 of the Dowry C.C.No.3287 of 2024, on the file of the II 2024 and the same is numbered as Chief Metropolitan Magistrate at Vijayawada and the same further, the petitioner had filed a Maintenance Case the file of the Additional Family Court IS Additional pending for adjudication vide F.C.O.P.(MC).No.1097 of 2024, on Judge at Vijayawada, F.C.O.P.No.1095 of 2024 cum-XIV Additional District the file of the Additional Family Court cum-XIV Additional District Judge at restitution of conjugal rights and also a Domestic the file of the I Additional Chief on Vijayawada seeking for Violence Case vide D.V.C.No.344 of 2024, on Metropolitan Magistrate Court at Vijayawada and the respondent is attending before the competent Courts at Vijayawada. The the Court proceedings respondent/husband has filed D.O.P.No.57 of 2024, on the file of the XIII 4 Additional District Judge, Narasaraopeta, Guntur District, under Section 10(1)(ix)(x) of the Divorce Act, 1869, seeking for dissolution of marriage. The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER HEERA\ held by considering the fact that “if a wife does not have sufficient funds to visit the place where the divorce petition is filed by her husband, then the transfer petition filed by the wife may be allowed.” 5. 6. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana 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 ofjustice 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.” 7. On considering the submissions made by the learned 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. Further as the counsel ^ (2000) 10 see 304 ^ 2022 LiveLaw (SC) 627 iL the file of the Additional petitioner/wife had filed F.C.O.P.No.1095 of 2024, on Additional District Judge at Vijayawada seeking for Family Court cum-XIV of conjugal rights and the respondent/husband has filed of the XIII Additional District Judge, for dissolution of marriage, both the Judge to avoid conflict of decisions, of the considered view that there are grounds to restitution D.O.P.No.57 of 2024, on the file Narasaraopeta, Guntur District, seeking petitions has to be tried by the same ■ Therefore, this Court is consider the request of the petitioner/wife to withdraw D.O.P.No.57 of 2024, , Narasaraopeta, Guntur District Additional Family Court-Cum-XlV Additional the file of the XIII Additional District Judge and transfer the same to the District Judge at Vijayawada, Krishna District. on is allowed and D.O.P.No.57 of 2024, In the result, the present petition is 8. of the XIII Additional District Judge, Narasaraopeta, Guntur District, Additional Family Court-Cum-XIV on the file is hereby withdrawn and transferred to the Additional District Judge at Vijayawada Additional District Judge, Narasaraopeta case record in D.O.P.No.57 of 2024 to the , Krishna District. The learned Xlll Guntur District, shall transmit the Additional Family Court-Cum-XIV District, duly indexed as in five (05) days from the date of directed to appear before District Judge at Vijayawada, Krishna Additional expeditiously as possible preferably within of the order. Both the parties are learned Additional Family Court-Cum-XIV Additional District Judge at receipt of a copy the 6 Vijayawada, Krishna District on 14.08.2025 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. Sd/- SHAIK MOHD. RA^ ASSISTANT REGISTR/^R //TRUE COPY// SECTION OFFICEIr To, 1. The XIII Additional District Judge Narasaraopeta Guntur. 2. The Additional Family Court Vijayawada Krishna District. cum XIV Additional District Judge At 3. Gurram Manjusha @ Surabhi Manjusha, W/o.Gurram Raghunandi D/o.Surabhi Daniel, aged about 27 years, R/o.D.No.2277, 1st Floor, New Rajiv Nagar, Payakapuram, Vijayawada-520015 Cell No.9347151237 N.T.R. District 4. Gurram Raghunandan, S/o.Jashuva Kiran, Radha Krishna Apartments, Hyderabad-500074, Cell No 7306138319 aged 31 years, R/o. Flat Jilleleguda No.402, L.B.Nagair, 5. One CC to SRI. K. R. RAGHAVENDRA RAO, Advocate [OPUC] 6. One CC to SRI. VENKATA DURGA RAO ANANTHA Advocate [OPUC] 7. Two CD Copies PR NM HIGH COURT VGKRJ DATED:28/07/2025 CCTODAY Both the parties are directed to appear before the Additional Family Court - Cum-XIV Additional District Judge at Vijayawada, Krishna District on 14.08.2025 at 10:30 a.m ORDER TRCMP NO. 133 OF 2025 > X 2 S JUL 2025 ^ ^ . Current Section ^ m ALLOWING THE TRCMP