IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RA TRANS. CIVIL MISC.PETITION NO: 131 OF 2025 Between: Sugnanam Kalpana Mary, W/o.Sugnanam Raghavendra Rao, aged 44 years, OcciHousewife, Door No.26-2-23, Kalpanavari Street, Palakol - 534260,Palakol Mandal, West Godavari District, AP. ...Petitioner AND Sugnanam Raghavendra Rao, S/o.Venkateswara Rao, aged 45 years Occ:Civil Contractor, Door No.21-10/4-19, Srinagar Colony, 4*^ Line Satyanarayana Puram, Vijayawada, Krishna District. ...Respondent 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 withdraw the F.C.Q.P. No.1780 of 2023, on the file of the IV Additional District and Sessions Judge, Vijayawada (Family Court), Krishna District and transfer the same to X Additional District and Sessions Judge, West Godavari District at Narasapur. lA NO: 1 OF 2025 Petition 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 grant stay all proceedings in F.C.O.P.No.1780 of 2023, on the file of the IV Additional District Vijayawada (Family Court), Krishna District. Counsel for the Petitioner Counsel for the Respondent .‘None appeared The Court made the following: and Sessions Judge,' :Sri Ch.Venkat Raman i;.- . THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.131 of 2025 ORDER: Today when the matter is taken up for hearing, Sri Ch.Venkat Raman, learned counsel for the petitioner has represented that the proof of service memo dated 16.06.2025, along with the postal track consignment sheet is filed before the Registry and the same is placed on the record. As per the track consignment sheet, the registered notice sent to the respondent was served on him on 05.05.2025. Therefore, service held sufficient. None appeared for the respondent. 2. 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.1780 of 2023, on the file of the IV Additional District and Sessions Judge-Cum Family Court, Vijayawada and transfer the same to the X Additional District and Sessions Judge, West Godavari District at Narasapur. 3. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Palakollu on 30.06.2010 as per Christian Religious rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Palakol Mandal, Wes^ Godavari District and depending upon the mercy of her parents. The petitioner pleaded that she had lodged a complaint before the Palakollu Town m 2 Police Station under section 498-A IPC and under Sections 3 & 4 of the Dowry Prohibition Act vide Cr.No.127 of 2024 and the same is pending for investigation. The petitioner further pleaded that she had filed a Maintenance Case vide M.C.No.18 of 2024 and a Domestic Violence Case vide D.V.C.(SR).No.1418 of 2024, on the file of the Additional Judicial Magistrate of First Class-Cum-Additional Junior Civil Judge Court, Palakol and the respondent/husband is attending the Court proceedings in the aforesaid cases before the competent Court at Palakol. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband filed F.C.O.P.No.1780 of 2023, on the file of the IV Additional District and Sessions Judge-Cum Family Court, Vijayawada, 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, depending upon the mercy of her parents, it is very difficult for her to travel at a distance of more than 150 Kms from Palakol, West Godavari District to Vijayawada, Krishna District 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.1780 of 2023, on the file of the IV Additional District and Sessions Judge-Cum Family Court, Vijayawada and transfer the same to the X Additional District and Sessions Judge, West Godavari District at Narasapur. 3 Heard Sri Ch.Venkat Raman, learned counsel for the petitioner. Though 4. registered notice sent to the respondent was served on him, none appeared for the respondent. Therefore, service held sufficient. Perused the material available on record. The material on record prima facie goes to show that in view of the 5. matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Palakol Mandal, West Godavari District and she had filed a 498-A IPC Case against respondent/husband and his family members, a Maintenance Case vide M.C.No.18 of 2024 and a Domestic Violence Case vide D.V.C.(SR).No.1418 of 2024, on the file of the Additional Judicial Magistrate of First Class-Cum-Additional Junior Civil Judge Court, Palakol and the respondent/husband is attending the Court proceedings in the aforesaid cases before the competent Court at Palakol. The respondent/husband has filed F.C.O.P.No.1780 of 2023, on the file of the IV Additional District and Sessions Judge-Cum Family Court, Vijayawada, 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 6. visit the place where the divorce petition is filed by her husband, then the transfer petition filed by the wife may be allowed. ' (2000) 10 SCC j304 4 The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Kartfiik Sha^ held as follows: 7. “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. ” On considering the submissions made by the learned counsel for the petitioner 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.1780 of 2023, on the file of the IV Additional District and Sessions Judge-Cum Family Court, Vijayawada and transfer the same to the X Additional District and Sessions Judge, West Godavari District at Narasapur. 8. 8. In the result, the present petition is allowed and F.C.O.P.No.1780 of 2023 on the file of the IV Additional District and Sessions Judge-Cum Family Court, Vijayawada, is hereby withdraw^ and transferred to the X Additional District and Sessions Judge, West Godavari District at Narasapur. The IV Additional District and Sessions Judge-Cum Family Court, Vijayawada, shall transmit the case record in ^ 2022 LiveLaw (SC) 627 5 / F.CfO.P.No.1780 of 2023 to the X Additional District and Sessions Judge, West Godavari District at Narasapur, 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. 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/- K SRINIVASA RAJU ASSISTANT REGISTRAR r ^ //TRUE COPY// SECTION OFFICER To, 1. The IV Additional District and Sessions Judge-cum-Family Court, Vijayawada, Krishna District. 2. The X Additional District and Sessions Judge, West Godavari District at Narasapur. 3. Spgnanarh Kalpana Mary, W/o.Sugnanam Raghavendra Rao, Door No.26^2-23, Kalpanavari Street, Palakol -534260,Palakol Mandal, West Godavari District, AP. 4. Sugnanam Raghavendra Rao Contractor, Door Satyanarayana Puram, Vijayawada, Krishna District. 5. One CC to Sri Ch.Venkat Raman, Advocate [OPUC] S/o.Venkateswara Rao, Occ:Civil No.21-10/4-19, Srinagar Colony, 4 th Line, 6. Two CD Copies BSV AL HIGH COURT DATED: 18/06/2025 ORDER TRCMP.No.131 of 2025 ALLOWING THE TR.CMP WITHOUT COSTS