% APHC010216112025 0;i'S IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA TRANS. CIVIL MISC.PETITION NO: 146 OF 207.^ KRISHNA RAO Between: Kalluri Kalyani, W/o. Rama Krishna Reddy, aged about Govt. Employee, R/o. Balaji Nagar, Nellore, Andhra Pradesh- 524002. 29 years, Occ; SPSR Nellore District, ...Petitioner/Respondent AND Mudumala Rama Krishna Reddy, S/o. Raghu Rami Reddy, aged about 35 years, Occ: Software Engineer, R/o. Gandhi Nagar, Telugu Ganga Road, Badvel Town and Municipality, Kadapa District. ...Respondent/Petitioner 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 withdraw H.M.O.P.No.62 of 2024 Civil Judge (Senior Division), Badvel, Kadapa District same to the equivalent Court at Nellore, SPSR Nellore District. pending before the Court of the and commit/transfer the 4 «4- lA NO: 1 OF 202S 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 of all further proceedings in H.M.O.P.No.62 of 2024 on the file of the Court of the Civil Judge (Senior Division), Badvel, Kadapa District including the appearance of the petitioner till disposal of this Transfer Petition. Counsel for the Petitioner: Sri BHOOMA MAHARSHI REDDY Counsel for the Respondent: None appeared The Court made the following: HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO transfer civil miscellaneous petition No.146 of 2025 THE ORDER: Today when the matter is taken up for hearing, Sri Bhooma learned counsel for the petitioner has represented dated 29.08.2025, along with the postal downloaded from the Postal Department Maharshi Reddy that the proof of service memo track consignment sheet Website is filed record. As per the to the counsel for respondent him on 14.08.2025. Therefore, service held sufficient. None appeared before the Registry and the same is placed on the track consignment sheet, the registered notice sent before the Court below was served on for the respondent. 2. The petitioner/wife filed the present petition under Section 24 of seeking to withdraw file of the Senior Civil Judge Court, transfer the same to the equivalent Court 1908 of Civil Procedure the Code H.M.O.P.No.62 of 2024, on the Badvel, Kadapa District and at Nellore, SPSR Nellore District. The case of the petitioner in brief is as follows: 3. wedded wife of the respondent and performed at Badvel Town, Kadapa I. The petitioner is the legally their marriage has been s 2 District on 14.06.2023, as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Nellore, SPSR Nellore District and depending upon the mercy of her parents. The petitioner pleaded that she had lodged a complaint before Disha Urban Police Station, Nellore under Sections 498-A, 506 and 417 IPC and under Sections 3 & 4 of the Dowry Prohibition Act vide Cr.No.04 of 2024 against the respondent/husband and the same is pending for investigation. The petitioner further pleaded that she had filed a Maintenance Case vide M.C.No.73 of 2023, on the file of the Family Court, Nellore, a Domestic Violence Case, on the file of the Judicial Magistrate of First Class for Trial of Excise Offences, Nellore and a case in F.C.O.P. No.373 of 2024, under Section 11 of the Hindu Marriage Act, 1955, seeking for nullity of marriage and the respondent/husband is attending the Court proceedings before the competent Courts at Nellore. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband filed H.M.O.P.No.62 of 2024, on the file of the Senior Civil Judge Court, Badvel, Kadapa District, under Section 9 of the Hindu Marriage Act, 1955, seeking for restitution of conjugal rights. 3 Learned counsel for the petitioner further contended that the petitioner being a woman, depending upon the mercy of her difficult for the petitioner/wife to travel at a parents, it is very distance of approximately more than 170 Kms from Nellore to attending the Court proceedings before the learned Kadapa for Civil Judge Court, Badvel, Kadapa District, without any constrained to file the present Senior male support and that she was petition against the respondent/husband seeking to withdraw the file of the Senior Civil Judge H.M.O.P.No.62 of 2024, on Court, Badvel, Kadapa equivalent Court at Nellore, SPSR Nellore District. District and transfer the same to the Maharshi Reddy, learned counsel for the notice sent to the respondent was served for the respondent. Therefore, service held Heard Sri Bhooma petitioner. Though registered him, none appeared sufficient. Perused the material available on record. 4. on to show that in view of The material on record prima facie goes the matrimonial disputes between is staying at her parents’ house she had filed a Criminal Case respondent/husband and the petitioner had also filed Maintenance the file of the Family Court, Nellore, a 5. both the parties, the petitioner/wife at Nellore, SPSR Nellore District and vide Cr.No.04 of 2024 against the same is pending for investigation. The Case vide M.C.No.73 of 2023, on Domestic Violence Case, on the 4 file of the Judicial Magistrate of First Class for Trial of Excise Offences, Nellore and a case in F.C.O.P. No.373 of 2024, under Section 11 of the Flindu Marriage Act, 1955, seeking for nullity of marriage. The respondent/husband has filed H.M.O.P.No.62 of 2024, on the file of the Senior Civil Judge Court, Badvel, Kadapa District, under Section 9 of the Flindu Marriage Act, 1955, seeking for restitution of conjugal rights. 6. The Apex Court in a case A.S.Saravana Karthik Sha^ held as follows: of N.C.V. Aishwarya Vs ‘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 behavioural pattern, their standard of life prior to the 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 law that in matrimonial proceedings, the convenience of the wife marriage 7. ^ 2022 LiveLaw (SC) 627 5 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.62 of 2024, on the file of the Senior Civil Judge Court Badvel, Kadapa District and transfer the same to the Judge, Family Court, Nellore, SPSR Nellore District. In the result, the present petition is allowed and H.M.O.P.No.62 8. of 2024, on the file of the Senior Civil Judge Court, Badvel, Kadapa District, is hereby withdrawn and transferred to the Judge, Family Court, Nellore, SPSR Nellore District. The Senior Civil Judge Court, Kadapa District, shall transmit the case record in Badvel H.M.O.P.No.62 of 2024 to the Judge, Family Court, Nellore, SPSR Nellore 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. 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/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR // r' //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division), Badvel, YSR Kadapa District. 2. The Judge, Family Court, Nellore, SPSR Nellore District. 3. Kalluri Kalyani, W/o.Rama Krishna Reddy, Occ; Govt. Employee, R/o. Balaji Nagar, Nellore, SPSR Nellore District, Andhra Pradesh- 524002. 4. Mudumala Rama Krishna Reddy, S/o.Raghu Rami Reddy, Occ; Software Engineer, R/o. Gandhi Nagar, Telugu Ganga Road Town and Municipality, Kadapa District. 5. One CC to Sri Bhooma Maharshi Reddy, Advocate [OPUC] 6. Two CD Copies i Badvel BSV sree HIGH COURT DATED:01/09/2025 ORDER TRCMP NO. 146 OF 2025 ALLOWING THE TR.CMP WITHOUT COSTS