A APHC010200252024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 143 OF 2024 Between: Ravuri @ Kodavali Lakshmi Prasanna, W/o. Ravuri Jignash Teja, D/o. K. Koteswara Rao, aged about 25 years, R/o. D. No. 11/41-E, Near Anjaneya Swamy Temple, Railway Quarters, Hanuman Nagar, Guntakal City, Ananthapur District, A.P. ...Petitioner AND Ravuri Jignash Teja, S/o. Ravuri Mariyadasu, aged about 32 working as Senior Assistant Loco Pilot, Karnataka State, R/o. Pedaravuru Village, Tenali Mandal, Guntur District, A.P. presently residing at Bangalore, Karnataka State years. S.W. Railway, Bangalore ...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 transfer the D.O.P. No. 935/2023 from the file of the XI Addl. District and Sessions Judge, Tenali, Guntur District to the VI Addl. District and Sessions Judge, Gooty, Ananthapuram District lA NO: 1 OF 2024 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 D.O.P. No. 935/2023 on the file of the XI Addl. District & Sessions Judge, Tenali, Guntur District, until disposal of the above transfer petition. Counsel for the Petitioner: Sri Srinivasa Rao Narra Counsel for the Respondent: Sri Rayala Bhagya Raja The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.143 of 2024 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.935 of 2023, on the file of the XI Additional District & Sessions Judge, Tenali, Guntur District and transfer the same to the VI Additional District & Sessions Judge, Gooty, Ananthapuram District. 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 at Tenali, Guntur District on 17.01.2022, as per Buddhism rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Guntakal City, Ananthapur District and depending upon the mercy of her parents. The petitioner pleaded that she had lodged a complaint before the Guntakal I Town Police Station, Anantapur District vide Cr.No.74 of 2023 under Section 498-A IPC and under Sections 3 and 4 of the Dowry Prohibition Act and the same was numbered as C.C.No.331 of 2023, on the file of the Judicial First Class Magistrate. Guntakal, Ananthapur District and the same is pending for adjudication. The petitioner further pleaded that she had also filed a Domestic Violence Case vide D.V.C.No.29 of 2023, on the file of the Judicial Magistrate of First Class, Gooty and a Maintenance Case vide M.C.Nfo.7 of 2 2024, on thG fil6 of tho Judicial Magistrat© of First Class, Guntakal and th6 respondent is attending the Court proceedings in the aforesaid cases before the competent Courts at Gooty and Guntakal. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband filed transfer D.O.P.No.935 of 2023, on the file of the XI Additional District & Sessions Judge, Tenali, Guntur District, under Section 10(vii)(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 477Kms from Guntakal City to Tenali, Guntur District for attending the case proceedings before the learned XI Additional District & Sessions Judge, Tenali, 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.935 of 2023, on the file of the XI Additional District & Sessions Judge, Tenali, Guntur District and transfer the same to the VI Additional District & Sessions Judge, Gooty, Ananthapuram District. 3. Heard Sri Narra Srinivasa Rao, learned counsel for the petitioner and Sri Rayala Bhagya Raja, learned counsel for the respondent. Perused the material available on record. 4. Today when the matter is taken up for hearing, learned counsel for the respondent represented that he has no objection to transfer D.O.P.No.935 of 2023, 3 on the file of the XI Additional District & Sessions Judge, Tenali, Guntur District to the VI Additional District & Sessions Judge, Gooty, Ananthapuram District and requested this Court to fix a time raider to the transferee Court to dispose of the case. The material on record fDhma facie goes to show that in view of the matrimonial disputes between both the parties, the petitioner/wife is staying at Guntakal City, Ananthapur District. The petitioner lodged a Criminal Case before the Guntakal I Town Police Station, Anantapur District vide Cr.No.74 of 2023 under 5. Section 498-A IPC and under Sections 3 and 4 of the Dowry Prohibition Act and the same was numbered as C.C.No.331 of 2023, on the file of the Judicial First Class Magistrate, Guntakal, Ananthapur District and the same is pending for adjudication against the respondent and his family members. The petitioner also filed a Domestic Violence Case vide D.V.C.No.29 of 2023, on the file of the Judicial Magistrate of First Class, Gooty and a Maintenance Case vide M.C.No.7 of 2024, on the file of the Judicial Magistrate of First Class, Guntakal and the respondent is attending the Court proceedings in the aforesaid cases before the competent Courts at Gooty and Guntakal. The respondent/husband has filed D.O.P.No.935 of 2023, on the file of the XI Additional District & Sessions Judge, Tenali, Guntur District, under Section 10(vii)(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. ^ (2000) 10 see 304 4 visit the place where the divorce petition is filed by her husband, then the transfer petition filed by the wife may be allowed. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik 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 appearing for 8. 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 D.O.P.No.935 of 2023, on the file of the XI Additional District & Sessions Judge, Tenali, Guntur District and transfer the same to the VI Additional District & Sessions Judge, Gooty, Ananthapuram District. Further, in view of the representation made by the learned counsel for the respondent, this Court is inclined to fix six (06) months time to the transferee Court i.e., the VI Additional District & Sessions Judge, Gooty, Ananthapuram District for disposal of the case. ^ 2022 LiveLaw (SC) 627 5 In the result, the present petition is allowed and D.O.P.No.935 of 2023, on the file of the XI Additional District & Sessions Judge, Tenali, Guntur District, is hereby withdrawn and transferred to the VI Additional District & Sessions Judge, Gooty, Ananthapuram District. The XI Additional District & Sessions Judge, Tenali, Guntur District, shall transmit the case record in D.O.P.No.935 of 2023 to the VI Additional District & Sessions Judge, Gooty, Ananthapuram 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. Both the parties are directed to appear before the VI Additional District & Sessions Judge, Gooty, Ananthapuram District on 30.07.2025 at 10.30 a.m. Further the learned VI Additional District & Sessions Judge, Gooty, Ananthapuram District is directed to dispose of the case in D.O.P.No.935 of 2023 within a period of six (06) months from the date of appearance of the parties before the Court. There shall be no order as to costs. 9. As a sequel, miscellaneous petitions, if any pendijng and the Interim order granted earlier, if any, shall stand closed. Sd/- N NAGAMMA ASSISTATNT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The XI Additional District and Sessions Judge, Tenali, Guntur District. 2. The VI Additional District and Sessions Judge, Gooty, Ananthapuram District. 3. Ravuri @ Kodavali Lakshmi Prasanna, W/o. Ravuri Jignash Teja, D/o. R/o. D. No. 11/41-E, Near Railway Quarters, Hanuman Nagar, K. Koteswara Rao, aged about 25 years Anjaneya Swamy Temple Guntakal City, Ananthapur District, A.P. 4. Ravuri Jignash Teja, S/o. Ravuri Mariyadasu, aged about 32 years, working as Senior Assistant Loco Pilot, S.W. Railway, Bangalore, Karnataka State, R/o. Pedaravuru Village, Tenali Mandal, Guntur District, A.P. presently residing at Bangalore, Karnataka State 5. One CC to Sri. Srinivasa Rao Narra, Advocate [OPUC] 6. One CC to Sri. Rayala Bhagya Raja, Advocate [OPUC] 7. Two CD Copies Stu sree w n HIGH COURT DATED:26/06/2025 ORDER TRCMP No. 143/2024 ALLOWING THE TR.CMP WITHOUT COSTS