APHC010215052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FIFTEENTH DAY OF SEPTEMBER^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 156 OF 2025 Between: Matseti Santhoshi @ Gude Santhoshi, W/o Sri Gude Lahari Krishna. D/o Sri Matseti Siva, Age 26 Years, Occ: House Wife, R/o D.No. 102-2- 310, Muralikonda, Bommuru - 533 124, Rajahmunry Rural Mandal, East Godavari District ...PETITIONER/RESPONDENT AND Gude Lahari Krishna, S/o Sri Babu Rao Occ; Chip Engineer in Samsung Company, R/o House No. 43, Mani Vani Nilayam, Ashoka Layout, Opp; 7 Hill Hotel, Marathahalli, Bangalore - 560 037 State of Karnataka ...RESPONDENT/PETITIONER Petition Under Section 24 r/w Section 151 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 case in F.C.O.P.No. 335 of 2025 pending on the file of the Additional Family Judge Court, Visakhapatnam to the Family Judge Court at Rajamahendravaram. lA NO: 1 OF 207.*; Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in F.C.O.P.No. 335 of 2025 pending the file of the Additional Family Judge disposal of the present Tr. C.M.P. praying that in the circumstances stated on Court, Visakhapatnam, pending Counsel for the Petitioner Counsel for the Respondent: - The Court made the following ORDER : : SRI N.SIVA REDDY, ADVOCATE THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.156 of 2025 ORDER: Today, when the matter has been taken up for hearing, Sri N. Siva Reddy, learned counsel for the petitioner has submitted that, proof of service Memo has been field before the Registry, dated 15.09.2025, along with the Postal Track Consignment Sheet downloaded from the Postal Department Website and the same is placed on the record. As per the Postal Track Consignment Sheet, the registered notice sent to the respondent was served on himi on 04.09.2025. Despite service of notice, there is no representation on behalf of respondent. Therefore, ‘service held sufficient’. 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 for transfer of F.C,O.P.No.335 of 2025 on the file of the Additional Family Judge Court at Visakhapatnam, to the file of the learned Judge, Family Court, Rajamahendravaram, East Godavari District, for trial. 2. The case of the petitioner in brief is as follows: 3. The petitioner is legally wedded wife of the respondent/husband and their marriage was performed on 18.04.2024, in the presence of elders and relatives of both the parties, at Annavaram Temple, as per the Hindu Rites, Caste and Customs. After that, due to the matrimonial disputes 2 VGKR, J Tr.C.M.P.No.156 of 2025 Dated 15.09 2025 between both the spouses, the petitioner/wife has been residing separately and depending upon the mercy of her parents at Rajahmundry, East Godavari District. The petitioner/wife further pleaded that, in view of the harassment made by the respondent/husband, the petitioner/wife lodged a complaint against the respondent/husband dated 02.12.2024, which was registered as F.I.R.No.141 of 2024, for the offences punishable under Sections 85, 351(2) r/w 3(5) of B.N.S. Act, 2023 and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Disha Mahila Police Station, Rajahmundry, East Godavari District and the same is pending for investigation. The petitioner/wife further pleaded that, she has filed a Domestic Violence Case vide D.V.C.(SR)No.1072 of 2025 on the file of the VI Additional Judicial Magistrate of First Class, Rajahmundry, East Godavari District and the same is also pending for adjudication. Learned counsel for the petitioner would further contend that to cause inconvenience to the petitioner/wife, the respondent/husband had filed F.C.O.P.No.335 of 2025 on the file of the Additional Family Judge Court at Visakhapatnam, under Section 12(1 )(c) of the Flindu Marriage Act, 1955, for 3 VGKR, J Tr.C.M.P.No.156 of 2025 Dated 15.09.2025 declaring the marriage between both the parties as null and void and the same is also pending for adjudication. IV. Learned counsel for the petitioner would further contended that the petitioner being a woman, has been residing separately and depending upon the mercy of her parents at Rajahmundry, the distance between Rajahmundry and Visakhapatnam is more than 200Kms. it is very difficult for her to travel to attend the case proceedings before the Court at Visakhapatnam without any male assistance and that she was constrained to file the present petition against the respondent/husband herein, seeking for transfer of F.C.O.P.No.335 of 2025, on the file of the Additional Family Judge Court at Visakhapatnam, to the file of the Judge, Family Court, Rajamahendravaram, East Godavari District. Heard Sri N. Siva Reddy, learned counsel for the petitioner. 4. Though registered notice sent to the respondent was served on him. 5. none appeared for the respondent. Therefore, ‘service held sufficient’. 6. Perused the material available on record. The material on record prima facie goes to shows that, in view of the 7. matrimonial disputes between both the spouses, the petitioner/wife has been residing separately and depending upon the mercy of her parents at K-f 4 VGKR, J Tr. C. M. P. No. 156 of 2025 Dated 15.09 2025 Rajahmundry and she has instituted two cases against the respondent/husband herein i.e., a Criminal Case under Sections 85, 3 r/w 3(5) of B.N.S. Act, 2023 and Sections 3 & 1961, before the Disha Mahila Police Station, District and she also filed . -^51(2), 4 of the Dowry Prohibition Act, Rajahmundry, East Godavari a Domestic Violence Case vide D.V.C.(SR)No.1072 Magistrate of First Class, same are pending for adjudication and the respondent/husband herein also attending the Court before the competent Court at Rajahmundry, East Godavari District. The material on record further discloses that, the of 2025 on the file of the VI Additional Judicial Rajahmundry, East Godavari District, the proceedings respondent/husband had filed F.C.O.P.No.335 of 2025 on the file of the Additional Family Judge Court Visakhapatnam, under Section 12(1)(c) of the Hindu at Marriage Act, 1955, for declaring the marriage between both the same is also pending for adjudication. The Apex Court in HEERA\ held by considering the fact that funds to visit the place where the divorce the transfer petition filed by the wife may be allowed. The Apex Court in a Karthik Sha^ held as follows; spouses as null and void and the 8. a case of GEETA HEERA Vs HARISH CHANDER if a wife does not have sufficient petition is filed by her husband, then 9. case of N.C.V. Aishwarya Vs A.S.Saravana '(2000) 10 see 304 " 2022 LiveLaw (SC) 627 5 VGKR, J Tr.C.M.P.No.156 of 2025 Dated 15.09.2025 “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 taken into consideration than that of the inconvenience of the husband. Therefore, I am of the considered view that, there are justifiable grounds to consider the request made by the petitioner/wife seeking for transfer of F.C.O.P.No.335 of 2025, on the file of the Additional Family Judge Court at Visakhapatnam, to the file of the Judge, Family Court, Rajamahendravaram, East Godavari 10. District. In the result, the present Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.335 of 2025, on the file of the Additional Family Judge Court at Visakhapatnam, is hereby withdrawn and transferred to the file 11. 6 VGKR, J Tr. C.M.P.No. 156 of 2025 Dated 15.09.2025 Of the Judge, Family Court, Rajamahendravaram, East Godavari District. The learned Additional Family Judge Court at Visakhapatnam , shall transmit the case record in F.C.O.P.No.335 of 2025, to the file of the Judge, Family Rajamahendravaram, East Godavari District, duly indexed possible, preferably within a period of two (02) weeks from of a copy of this order. There shall be no order as to costs. Court, as expeditiously as the date of receipt As a sequel, miscellaneous petitions, if Order granted earlier, if any, shall stand closed. any pending and the Interim SD/- SK.MOHAMMED RAFI ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Additional Family Judge Court, Visakhapatnam, Visakhapatnam District. 2. The Family Judge Court at Rajamahendravaram, East Godavari District. 3. Matseti Santhoshi @ Gude Santhoshi, W/o Sri Gude D/o Sri Matseti Siva, Age 26 Years, Occ: House Wife, R/o D.No. 102-2- 310, Muralikonda, Bommuru - 533 124, Rajahmunry Rural Mandal Godavari District Lahari Krishna, , East 4. Gude Lahari Krishna, S/o Sri Babu Rao, Samsung Company, R/o House No. 43, Mani Vani Occ; Chip Engineer in Nilayam, Ashoka Layout, Opp; 7 Hill Hotel, Marathahalli, Bangalore - 560 037 State of Karnataka 5. One CC to Sri N.Siva Reddy, Advocate [OPUC] 6. Two CD Copies GPC TAC HIGH COURT DATED: 15/09/2025 ORDER TRCMP no. 156 OF 2025 S SEP 2025 SS ^ Curreni bection .V B (. T 3---' ALLOWING THE TRANSFER CIVIL miscellaneous petition