APHC010200472025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI S TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 138 OF 2025_ Between: Tatikola @ Chatti Venkata Naga Lalitha Kumari, W/o.Tatikola Sri Kiran D/o.Ch.V.Ramanayya Panthulu, aged 40 years, Present address Babu, R/o.D.No.3-18, Kakinada, 54, TTD Road, N.R. Street Rajamahendravaram, East Godavari District. Panchayat Street, Near Gokulam, Madura Nagar, East Godavari District. Permanent address R/o.D.No.74-6- Near Paters Church, Prakash Nagar, ...Petitioner (Respondent in FCOP.No.196 of 2022) (Petitioner in HMOP.No.54 of 2025) AND Tatikola Sri Kiran Babu, S/o.Satyanarayana Rao, aged 47 years, Conductor APSRTC, R/o.Flat No.403, Surya Residency, BSNL Office Road, Agraharam, Eluru, West Godavari District. ...Respondent (Petitioner in FCOP.No.196 of 2022) (Respondent in HMOP.No.54 of 2025) 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 Order for Transfer the FCOP.No.196 of 2022 pending-on the file of Court of the VII Additional District Judge-cum-Family Court, Eluru, West Godavari District, filed by Respondent against Petitioner for Restitution of Conjugal Rights, be withdrawn and be transferred to the Court of Senior Civil Judge, (Senior Division), Kakinada, either to be tried jointly or simultaneously with H.M.O.P.No.54 of 2025, pending on its file, filed by the Petitioner against Respondent seeking Divorce. 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 stay all further proceedings of the FCOP.No.196 of 2022 pending on the file of Court of the VII Additional District Judge-cum-Family Court, Eluru, West Godavari District, pending disposal of the Transfer Petition. Counsel for the Petitioner: Sri P.Rajesh Babu Counsel for the Respondent: Sri G.V.Anand Kumar The Court made the following: 1 ' I THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO IRANSFER CIVIL MISCELLANEOUS PETITION No.138 of 2025 ORDER: The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908, (for short ‘the C.P.C.’) seeking transfer of F.C.O.P.No. 196 of 2022, on the file of the VII Additional District Judge-cum-Family Court, Eluru, West Godavari District, to the Senior Civil Judge, Kakinada, East Godavari District, either to be tried jointly simultaneously with H.M.O.P.No.54 of 2025, pending on its file, for trial. or 2. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent/husband and the marriage of the petitioner with the respondent was solemnized on 10.06.2006, at Abala Shanti Kalyana Mandapam, Kakinada,as per the Hindu Rites and Caste Customs. During their wedlock period, the petitioner/wife and respondent/husband were blessed with a male child in the year 2008.Later, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her male child at her parents’ house at Kakinada, East Godavari District. The petitioner/wife pleaded that in view of the harassment made by the respondent/husband she lodged a complaint against the respondent/husband, dated 06.12.2022, in F.I.R.No.140 of 2022, for the VGKR, J Tr.C.M.P.No.l38 of 2025 Dated 08.07.2025 2 offences punishable under Section 498-A r/w Section 34 I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before Disha Police Station, Kakinada, the same is pending for investigation and she also filed a Divorce Petition i.e., H.M.O.P.No.54 of 2025, on the file of the Senior Civil Judge, Kakinada, East Godavari District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is pending for adjudication against the respondent/husband. The petitioner/wife further pleaded that to cause inconvenience and to harass her, the respondent/husband had filedF.C.O.P.No.196 of 2022 the file of the VII Additional District Judge-cum-Family Court, Eluru, West Godavari District, under Section 9 of the Hindu Marriage Act, 1955, r/w Section 7(i)(a) of Family Courts Act, seeking for restitution of conjugal rights and the same is also pending for adjudication. The petitioner/wife further pleaded that she being a woman, residing separately along with her male child at her parents’ house at Kakinada, East Godavari District, it is very difficult for her to travel at a distance of more than 150Kms from Kakinada to Eluru, West Godavari District to attend the case proceedings filed by the respondent/husband on each and every adjournment without any male assistance and that she was constrained to file the present petition seeking for transfer of F.C.O.P.No.196 of 2022 on the file of the VII Additional District Judge-cum-Family Court, Eluru, West on IV. VGKR, J Tr.C.M.P.No.l38of2025 Dated 08.07.2025 3 Godavari District, to the Senior Civil Judge, Kakinada, East Godavari District. 3. Heard learned counsel appearing on both sides on record. 4. Perused the material available on record. 5. The material on record prima facie goes to show that, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her male child at her parents’ house at Kakinada, East Godavari District and she also filed two (2) cases against the respondent/husband herein i.e.. Criminal case for the offences punishable under Section 498-A r/w Section 34 I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before Disha Police Station, Kakinada, the same is pending for investigation and she also filed a Divorce Petition i.e.. H.M.O.P.No.54 of 2025, on the file of the Senior Civil Judge, Kakinada East Godavari District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the said divorce case is pending for adjudication against the respondent/husband and the respondent/husband is also attending the divorce case proceedings at Kakinada, East Godavari District. The material on record further reveals that the respondent/husband had instituted F.C.O.P.No.196 of 2022, on the file of the VII Additional District Judge-cum-Family Court, Eluru, West VGKR, J Tr.C.M.P.No.l38 of 2025 Dated 08.07.2025 ' A 4 Godavari District, under Section 9 of the Hindu Marriage Act, 1955, r/w Section 7(i)(a) of Family Courts Act, seeking for restitution of conjugal rights and the same is also pending for adjudication. 6. The Apex Court in a case of N.C.V. AISHWARYA VS A.S. SARAVANA KARTHIK SHA\ held as follows: “9. The cardinal principles 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.” 7. On considering the submissions made by the learned counsel appearing for both sides and in view of the ratio laid down by the aforesaid case law and on considering the facts and circumstances of the case that in matrimonial proceedings, the convenience of the wife has to be taken ^ 2022 LiveLaw (SC) 627 VGKR, J Tr.C.M.P.No.l38 of 2025 Dated 08.07.2025 5 consideration than that of the inconvenience of the husband and petitioner/wife has been staying along with her male chHd at her parents’ house at Kakinada, it is very difficult to travel from Kakinada to Buru which is situated at a distance of more than 150 kms and therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife,seeking transfer of F.C.O.P.No.196 of 2022 on the file of the VII Additional District Judge-cum-FamilyCourt, Eluru, West Godavari District, to thePrincipal Senior Civil Judge, Kakinada, East Godavari District. Further, on considering the submissions made by the learned counsel for the respondent that since the respondent/hus band is an employee and is currently working as a Conductor in Andhra Pradesh State Road Transport Corporation (A.P.S.R.T.C.),if the case is transferred from Eluru to Kakinada, he will face some difficulties for applying leaves to attend the Court proceedings before the competent Court at Kakinada and therefore, it is desirable to dispense with the personal attendance of the respondent/husband herein i.e., the petitioner in F.C.O.P.No.196 of 2022 on the file of the VII Additional District Judge-cum-Family Court, Eluru, West Godavari District, before the transferee Court, except on the days when his personal appearance is required before the said Court as per law. In the result, the Transfer Civil Miscellaneous Petition is allowed and 8. F.C.Q.P.No.196 of 2022 on the file of the VII Additional District Judqe-cum- VGKR, J Tr.C.IVI.P.No.l38 of 2025 Dated 08.07.2025 Family Court, Eluru, West Godavari District, is hereby withdrawn and transferred to thePrincipal Senior Civil Judge, Kakinada, East Godavari District.ThelearnedVIl Additional District Judge-cum-Family Court, Eluru, West Godavari District,shall transmit the case record in F.C.O.P.No.196 of 2022,to the Principal Senior Civil Judge, Kakinada, East Godavari District, 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. Furtherthe personal attendance of the respondent/husband i.e., the petitioner in F.C.O.P.No.196 of 2022 on the file of the VII Additional District Judge- Family Court, Eluru, West Godavari District, has been dispensed with before the transferee Court i.e.. Principal Senior Civil Judge, Kakinada, East Godavari District. Both the parties are directed to appear before the Principal Senior Civil Judge, Kakinada, East Godavari District 11.08.2025, at 10.30 a.m. Later the Principal Senior Civil Judge, Kakinada, East Godavari District,is hereby directed not to insist for the personal appearance of the respondent herein i.e., the petitionerinF.C.O. P.No.196 of 2022,as long as his counsel is attending the Court proceedings and representing the case except on the daywhenre-conciliation proceedings are being taken up or on the day when hiscross-examination is required to be recorded or on any other day when his personal appearance is required cum- on ■/ • Tr.C.M.P.No.l38 of 2025 Dated 08.07.2025 7 other day when his personal appearance is required as directed by the learned Principal Senior Civil Judge, Kakinada, East Godavari There shall be no order as to costs. District. District. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The VII Additional District Judge-cum-Judge, Family Court, Eluru, West Godavari District. 2. The Principal Civil Judge, (Senior Division), Kakinada District. East Godavari 3. Tatikola @ Chatti Venkata Naga Lalitha Kumari, W/o.Tatikola Sri Kiran R/o.D.No.3- Kakinada, East TTD Road, Prakash Nagar, Babu, D/o.Ch.V.Ramanayya Panthulu, Present address 18, Panchayat Street, Near Gokulam, Madura Nagar, Godavari District. Permanent address R/o.D.No.74-6-54 N.R. Street Near Paters Church, Rajamahendravaram, East Godavari District. 4. Tatikola Sri Kiran Babu, S/o.Satyanarayana Rao R/o.Flat No.403, Surya Residency Eluru, West Godavari District. 5. One CC to Sri P.Rajesh Babu, Advocate [OPUC] 6. One CC to Sri G.V.Anand Kumar, Advocate [OPUC] 7. Two CD Copies BSV Conductor APSRTC, BSNL Office Road, Agraharam, vna HIGH COURT DATED:08/07/2025 ORDER TRCMP NO. 138 OF 2025 T H JUL 2025 )S SectjopXV^ oi ALLOWING THE TR.CMP WITHOUT COSTS ■ 4