IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION NO: 130 OF 2024 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 issue a direction to transfer the HMOP.No.42 of 2024 on the file of Civil (Senior Division) Judge, Chirala to Family Court-cum- XII Additional District and Sessions Judge, Guntur. Between: Palem @ Immadisetty Keerthisree, W/o. Palem Anil Kumar, D/o. Immadisetty Yedukondalu, Aged 30 years, R/o. D.No. 17-17-21/1, 10/3, Yanadi Colony, Suddapalli Donka, Old Guntur-522001. ...Petitioner AND Palem Anil Kumar, S/o. Krishnaiah, aged 34 years, Occ Private employee, R/o. D.No.2-77, Chintagumpalli Village, Chinaganjam Mandal, Bapatia District. ...Respondents 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 stay of all further proceedings in HMOP.No.42 of 2024 on the file of Civil (Senior Division) Judge. Counsel for the Petitioner: SRI PRADEEP KUMAR A Counsel for the Respondent: SRI SRINIVASA KANNAMA REDDY The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.130 of 2024 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw H.M.O.P.No.42 of 2024, on the file of the Senior Civil Judge Court, Chirala and transfer the same to the Family Court-Cum-XII Additional District and Sessions Judge, Guntur. 2. 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 Guntur District on 13.03.2020 as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her Grandmother’s house at Suddapali Donka, Old Guntur. The petitioner pleaded that she had lodged a complaint before the Disha Police Station, Guntur, under Sections 498-A, 323 IPC and under Sections 3 & 4 of the Dowry Prohibition Act vide Cr.No.51 of 2023 and the same was numbered as C.C.No.2487 of 2023, on the file of the VI Additional Judicial Magistrate of First Class, Guntur and the same is pending. The petitioner further pleaded that she had also filed a Maintenance Case vide F.C.O.P.No.20 of 2024, on the file of the Family Court, Guntur and the respondent/husband is attending the court proceedings in the aforesaid cases before the competent courts at Guntur. The petitioner contend that to cause inconvenience to her, the respondent/husband filed H.M.O.P.No.42 of 2024, on the file of the Senior Civil Judge Court, Chirala, under Section 9 of the Hindu Marriage Act, 1955 seeking for restitution of conjugal rights. Learned counsel for the petitioner further contended that the petitioner being a woman, depending upon her parents, it is very difficult for her to travel at a distance of more than 65Kms from Guntur to Chirala without any male support and that she was constrained to file the present petition against the respondent/husband seeking to withdraw H.M.O.P.No.42 of 2024, on the file of the Senior Civil Judge Court, Chirala and transfer the same to the Family Court-Cum-XII Additional District and Sessions Judge, Guntur. II. 3. Learned counsel for the respondent/husband would contend that there grounds to consider the request of the petitioner/wife and severely opposed to allow the transfer petition and requested to dismiss the transfer petition. are no 4. Heard Sri A.Pradeep Kumar, learned counsel for the petitioner and Sri Srinivasa Kannama Reddy, learned counsel for the respondent. Perused the material available on record. 5. The material on record prima facie goes to show that the petitioner/wife had filed a 498-A IPC case against the respondent/husband vide Cr.No.51 of 2023 and the same was numbered as C.C.No.2487 of 2023, on the file of the VI Additional Judicial Magistrate of First Class, Guntur and a Maintenance Case vide F.C.O.P.No.20 of 2024, on the file of the Family Court, Guntur, wherein the respondent/husband is attending the Court proceedings in the aforesaid cases. The 3 respondent/husband has filed H.M.O.P.No.42 of 2024, on the file of the Senior Civil Judge Court, Chirala, under Section 9 of the Hindu Marriage Act, 1955 seeking for restitution of conjugal rights. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha’' held as follows: 6. “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.” I On considering the submissions made by the learned counsel appearing for 7. the both sides and in view of the ratio laid down in the aforesaid case law 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 H.M.O.P.No.42 of 2024, on the file of the Senior Civil Judge Court, Chirala and transfer the same to the Family Court-Cum-XII Additional District and Sessions Judge, Guntur. In the result, the present petition is allowed and H.M.O.P.No.42 of 2024, on 8. the file of the Senior Civil Judge Court, Chirala, is hereby withdrawn and transferred ' 2022 LiveLaw (SC) 627 4 to the Family Court-Cum-XII Additional District and Sessions Judge, Guntur. The Senior Civil Judge Court, Chirala, shall transmit the case record in H.M.O.P.No.42 of 2024 to the Family Court-Cum-XII Additional District and Sessions Judge, Guntur 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 parties are directed to appear before the Family Court-Cum-XII Additional District and Sessions Judge Guntur on 28.04.2025 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/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division), Chirala. 2. The Family Court - cum - XII Additional District and Sessions Judge, Guntur. 3. Palem @ Immadisetty Keerthisree, W/o. Palem Anil Kumar, D/o. Immadisetty Yedukondalu, Aged 30 years, R/o. D.No. 17-17-21/1, 10/3, Yanadi Colony, Suddapalli Donka, Old Guntur-522001. 4. Palem Anil Kumar, S/o. Krishnaiah, aged 34 years, Occ; Private employee, R/o. D.No.2-77, Chintagumpalli Village, Chinaganjam Mandal, Bapatia District. 5. One CC to Sri. Pradeep Kumar A., Advocate [OPUC] 6. One CC to Sri. Srinivasa Kannama Reddy, Advocate [OPUC] 7. Three CD Copies PR sree HIGH COURT DATED:28/03/2025 Both parties are directed to appear before the Family Court-Cum-XII Additional District and Sessions Judge, Guntur on 28-04-2025 at 10:30 a.m ORDER TRCMP.No.130 of 2024 I 01 APR 2125 m Current Section ALLOWING THE TRCMP WITHOUT COSTS