APHC010214192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI A: 25 THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT honourable SRI JUSTICE V. GOPALA KRISHNA TRANSFER CIVIL MISCELLANEOUS PETITION RAO No.141 of2Q2fi Between: Smt. Kunduru Eswari, W/o. Kunduru Srinivasulu Aged 34 years, Home maker. Presently R/at D.No. 21-194, Kakani Nagar, NAD Post, @ Srinivasa Reddy, C/o. K. Manikanta Reddy, Visakhapatnam 530009, A.P. ...Petitioner/Respondent AND Sri Kunduru Srinivasulu @ Srinivasa Reddy aged 36 years, Business, Swarna Heights, TV Street Vishakhapatnam District. S/o. (late) Tirupathayya, R/o. D. No. 39-12-9, back side of Hotel M.G. Road, Labbipeta, Vijayawada, ...Respondent/Petitioner Petition under Section 24 of the C.P.C. stated in the affidavit filed therewith, withdraw FCOP No. 134 of 2025 Praying that in the circumstances the High Court may be pleased to on the file of IV Additional District and Sessions Judge, Vijayawada filed by the Respondent 13(1)(ia)(ib) of the Hindu Marriage Act, seeking for divorce and the transferred and tried along with FCOP herein under section - same to be No.587 of 2022 on the file of II I Additional Family Court, Visakhapatnam, Visakhapatnam District. lA NO: 1 OF 2025 Petition under Section 151 of 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 in FCOP No. 134 of 2025, on the file of IV Additional District and Sessions Judge, Vijayawada till the disposal of the above Transfer Petition. Counsel for the Petitioner : Sri Venkat Chalasani Counsel for the Respondent : Sri Nagi Reddy Gujjula The Court made the following order: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.141 of 2025 ORDER: 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.134 of 2025, on the file of the IV Additional District and Sessions Judge, Vijayawada and transfer the same to the !l Additional Family Court, Visakhapatnam to try along with F.C.O.P.No.587 of 2022. The case of the petitioner in brief is as follows: 2. The petitioner is the legally wedded wife of the respondent and their marriage has been perfomned on 07.C4.2017, as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife along with a male child aged about 7 years are staying at her parents’ house at Kakani Nagar, NAD Post, Visakhapatnam and depending upon the mercy of her parents. The petitioner pleaded that she had filed a Maintenance Case vide I. F.C.O.P.No.587 of 2022, on the file of the i! Additional Family Court, Visakhapatnam and a DGiTiestic Violence Case vide D.V.C.No.39 of 2022, on the file the VI! Additional Judicial Magistrate of First Class- Cum-Vii Additional Junior Csvii Judge, Visakhapatnam and the same are pending for adjudication and the respondent/husband is attending the Court proceedings before the competent Courts at Visakhapatnam. The petitioner further pleaded I hat she had lodged a complaint under 2 Sections 498-A, 506 IPC Prohibition Act vide Cr.NoA and the same is petitioner would contend that and er vSections 3 & 4 of the Dowry 36 of 2023 against the respondent/husband pending for investigation. The Iearned counsel for the inconvenience to the petitioner, of 2025, on the file of the ssions Judge, Vijayawada under Section eeking for dissolution of to cause i the respondent/husband filed F.C.O,P.No.134 IV Additional District and Ses 13(1)(ia)(ib) of the Hindu Marriage Act, I955, s marriage. I!. Learned counsel for the being a woman having upon the mercy of her distance of petitioner further contended that the petitioner a male child aged about 7 years, depending parents, it is very difficult for her to travel at a from Visakhapatnami to proceedings before the learned IV approximately more than 30C Kms Vijayawada for attending the Court Additional District and Sessions Judge, Vijayawada, without any male against eeking to withdraw F.C;.O.P.No.134 of 2025, and Sessions Judge, Vijayawada Visakhapatnam. support and that she was constrained to file the present petition the respondent/husband s on the file of the iV Additional District £ and transfer the same to the II Additional Family Court, 3. Heard Sri Chalasani Venkat Sri Nagi Reddy Gujjuia, learned material available on record. The material learned counsel for the petitioner and counsel for the respondent. Perused the 4. on record prima matrimonial disputes between icicie goes to show that in view of the both the s oarties, the petitioner/wife along with a male child aged about 7 years are staying at her parents’ house at Kakani Nagar, NAD Post, Visakhapatnam and she had filed a Maintenance Case vide F.C.O.P.No.587 of 2022, on the file of the II Additional Family Court, Visakhapatnam and a Domestic Violence Case vide D.V.C.No.39 of 2022, on the file the VII Additional Judicial Magistrate of First Class-Cum-VII Additional Junior Civil Judge, Visakhapatnam and the same are pending for adjudication. The petitioner further filed a Criminal Case vide Cr.No.66 of 2023 against the respondent/husband and the same is pending for investigation. The respondent/husband has filed F.C.O.P.No.134 of 2025, on the file of the IV Additional District and Sessions Judge, Vijayawada under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, 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.” The Apex Court in a case of N.C.V. Asshwarya 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 behav/ourai pattern, their standard of life prior to til'd marriage and subsequent thereto and the circumstances of both the 5. 6. ‘ (2000) 10 see 304 " 2022 LiveLaw (SC) 627 ' m d parties in eking out their iive^ihood eana under whose protective umbrelia they are seeking their sustenance to h paradigm in the Indian ven the prevailing socio- economic . (Mf society, generally, it is the wife’s convenience which must be looked at while considering t^^nsfer. ” 7. On considering tne submissi appearing for both sides and in viei ions made by the (earned counsel M Qf 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 consider the request r on the file of the IV Judge, Vijayawada and transfer the same to tnam. Of the petitioner/wife to withdraw F.C.O.P.No.134 of 2025 Additional District and Sessions the !l Additional Family Court, Visakhapat 8. !n the result, the 2025, on the fiie of the IV Additional present petition is allowed and F.C.O.P.No.134 Sessions Judge, Vijayawada to the il Additional Family Court, District and Sessions Judge, Vijayawada, .O.P.Nq.134 of 2025 to the !l Additional y indexed as expeditiously ys from the date of receipt of of District and IS hereby withdra\A/n and transferred Visakhapatnam. The iV Additional shall transmit the case record in F.C Family Court, Visakhapatnam. duiv as possible a copy of are directed to appear before the learned 12.09.2026 at 10.30 a.m. There preferably within a period of five (05) the order. Both the parties Additional Family Court, Visakhapatnam dS' li on shall be no order as to costs. As a sequel, miscellaneous petitions, il any pending and the interim order granted earlier, if any, shall stsii sv/i Ci^'Sed. Sd/- K J RAJA BABU^ ASSISTANT REGISTRAR //TRUE COPY// SEC^ON OFFICER To 1. The II Additional Family Court, Visakhapatnam, Visakhapatnam District, (by Speed Post) 2. The IV Additional District and Sessions Judge, Vijayawada, Krishna District, (by Speed Post) 3. One CC to Sri Venkat Chalasani, Advocate [OPUC] 4. One CC to Sri Nagi Reddy Gujjula, Advocate [OPUC] 5. Smt. Kunduru Eswari, W/o. Kunduru Srinivasulu @ Srinivasa Reddy, Aged 34 years. Home maker. Presently R/at C/o. K. Manikanta Reddy, D.No. 21-194, Kakani Nagar, NAD Post, Visakhapatnam 530009, A.P. (by Speed Post) 6. Sri Kunduru Srinivasulu @ Srinivasa Reddy, S/o. (late) Tirupathayya, R/o. D. No. 39-12-9, back side of Hotel aged 36 years. Business Swarna Heights, TV Street, M.G. Road, Labbipeta, Vijayawada, Vishakhapatnam District, (by Speed Post) 7. Two CD Copies TK sree ' Atf HIGH COURT DATED:21/08/2025 ORDER TRCMP No.141 of 2025 ALLOWING THE TRANSFER CIVIL MISCELLANEOUS PETITION WITHOUT COSTS