'^ARHCOI0216892025 0;i«0 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0 THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO; OF 7n9< Between: Kotapati Ramakrishna, S/o.Malakonda Rayudu, aged about 44 Occ:Private Employee, R/o.D.No.32-54-245 Road, Opp:Vignan School, Ongole, Prakasam District. years. NGO Colony, Kurnool ...Petitioner/Respondent AND t Kotapati Anusha Chowdary @ Yalavarthi W/o.Kotapati Rama Krishna, D/o.Late Yalavarthi Sambasiva Anusha Chowdary, Rao, aged 40 years, R/o.D.No.14-25-16/22, 3rd Floor, Nagamalli Enclave, Krishna Nagar, Opposite Z.P Office, Maharanipeta, Visakhapatnam R/o.D.No.3-181-A, Chowdary Nilayam Presently NGO Colony, Kurnool Road, Ongole, Prakasam 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 the F.C.O.P No.297 of 2025 pending on the file Court of Judge, Family Court-cum-V Additional District Judge, Visakhapatnam, tt District and to transfer the same to Court of Family Judge,, ^ Visakhapatnam Ongole, Prakasam District or any other competent Court in Ongole, Prakasam District. 1^0: 1 OF 2025 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 F.C.O.P No.297 of 2025 pleased to stay all the further proceedings in the file of Court of Judge, Family Court-cum-V Additional District pending judge, the petitioner pending disposal of the above TR.C.M.P. on Visakhapatnam, Visakhapatnam District including the appearance of Counsel for the Petitioner: SRI AYESHA AZMA S Counsel for the Respondent: SRI ASHOK KUMAR CHILLAPALLI The Court made the following Order: 'iS: the HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO ■pny^^ER CIVIL MISCELLANEOUS PETITION No.143 of 2025 ORDER: The petitioner/husband filed the present petition under Section 24 of the of Civil Procedure, 1908 (“C.P.C.” for short), seeking to withdraw Code F C 0 P No.297 of 2025 on the file of the Judge, Family Court-cum-V Additional District Judge, Visakhapatnam and transfer to the Family Judge, pistrict at Ongole. Prakasam The case of the petitioner, in brief, is as follows: marriage of the petitioner with respondent was performed on '15 08.2009 at Sai Function Hall, Ongole and they lived together till 2 week of June, 2015 and later the petitioner and respondent are living separately since 2"'^ week of June, 2015. Later, the petitioner went to Qenmark for doing job work and the petitioner tried his best for reconciliation with the respondent by visiting the house of the respondent as and when the petitioner came to India. But, all the efforts futile, as the marriage was irretrievably broken and there are no chances of reunion and that the petitioner herein filed'F.C.O.P. No.161 of 2021 before the Family Judge, Prakasam District at Ongole under Section 13(1)(1a)(1b) of Hindu Marriage Act, 1955. 2. The (i) nd are The petitioner further pleaded that the respondent filed F.C.O.P.No.297 of 2025 before the Judge, Family Court-cum-V Additional District Judge, Visakhapatnam, under Section 9 of Hindu Marriage Act, seeking pestitution of conjugal rights. He further pleaded that after lapse of four years from the date of institution of the divorce case in F.C.O.P.No.161 ^f 2021 at Ongole, the wife filed F.C.O.P.No.297 of 2025 before the Court-cum-V Additional District Judge, Visakhapatnam, for seek'UQ restitution of conjugal rights and almost all the entire enquiry (ii) TRCMP NO.143_2025 in divorce case filed by the husband was completed except recording cross examination of R.W.1 and further evidence and the divorce filed by the husband and restitution of conjugal rights filed by the wife have to be tried by the same Judge and that the case petitioner is inclined to file this application for seeking transfer of F.C.O.P.No.297 of 2025 from the Judge Family Court-cum-V Visakhapatnam to the Family Judge, Prakasam District Additional District Judge, at Ongole. 3. Fleard Sri Ayesha Azma S, learned counsel for the Sri Ashok Kumar Chillapalli, learned counsel for the 4. The learned counsel for the respondent would merits in the transfer application filed by the petitioner and the dismissed. petitioner and heard respondent. contend that there are no same may be 5. The material on record prima facie goes to show that the petitioner/ husband filed F.C.O.P.No.161 of 2021 before the Family Judge, Ongole, for seeking dissolution of the marriage and the respondent/wife is also attended in the said case proceedings before the Family Judge, Ongole and the stage of the case of F.C.O.P.No.161 of 2021 is for recording cross examination of R.W.1. The proceedings in F.C.O.P.No.161 of 2021 filed by the husband for seeking dissolution of the marriage is a ‘part heard’ matter before the Family Judge, Ongole and at the stage of ripe for disposal and after lapse of four years the wife instituted F.C.O.P.No.297 of 2025 for seeking restitution of conjugal rights and the enquiry in the said case is not yet commenced. Since the F.C.O.P.No.161 of 2021 filed by the husband is pending before the Family Judge, Ongole and entire enquiry has been completed except recording examination of R.W.1, to avoid conflict decisions, the F.C.O.P.No.297 of 2025 filed by the wife has to be tried by the same Judge i.e.. Family Court at Ongole. cross / 3 c TRCMPN0.143 2025 6. No doubt in matrimonial cases, the convenience of the wife has to be taken into consideration than that of the inconvenience caused to the husband. But, in the case on hand, the divorce petition filed by the husband vide FCOP No.161 of 2021 is pending before the Family Judge, Ongole and reconciliation proceedings were held in between both the parties before the Family Judge, Ongole and petitioner’s side evidence is closed and the present stage of FCOP No.161 of 2021 is for recording cross examination of R.W.1, at the fag end stage of the divorce case filed by the husband, the wife instituted FCOP No.297 of 2025. Therefore, I am of the considered view that there are sufficient grounds to consider the request of the petitioner/hus band to withdraw the F.C.O.P.No.297 of 2025 from the Judge, Family Court-cum-V Additional District Judge, Visakhapatnam and transferred to the Family Court at Ongole. In the result, the Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.297 of 2025 on the file of the Judge, Family Court-cum-V Additional District Judge, Visakhapatnam is hereby withdrawn and transferred to the Family Judge, Prakasam District at Ongole. The learned Judge, Family Court-cum-V Additional District Judge, Visakhapatnam shall transmit the case record in F.C.O.P.No.297 of 2025 to the Family Judge, Prakasam District at Ongole, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of this order. The personal appearance of the petitioner/wife in F.C.O.P.No.297 of 2025 is dispensed with before the transferee Court i.e.. Family Court at Ongole except on the days when her presence is required as per law. The learned Family Judge, Prakasam District at Ongole is directed not to insist the presence of the petitioner/wife in FCOP No.297 of 2025, as long as her counsel on record is available except on the date of recording her evidence or on any other day if her presence is required in FCOP No.297 of 2025 filed by the respondent herein i.e., petitioner/wife before the transferee Court. 7. 4 TRCMP NO.143_2025 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 \ \ //TRUE COPY// SECTION OFFICER To, 1. The Judge, Visakhapatnam, Visakhapatnam District. 2. The Judge, Family Court, Ongole, Prakasam District. 3. Kotapati Ramakrishna, S/o.Malakonda Rayudu, Occ.Private Employee, R/o.D.No.32-54-245, NGO Colony, Kurnool Road, Opp:Vignan School, Ongole, Prakasam District. Family Court-cum-V Additional District Judge 4. Kotapati Anusha Chowdary @ Yalavarthi Anusha Chowdary, W/o. Kotapati Rama Krishna, D/o.Late Yalavarthi Sambasiva Rao, R/o.D.No.14-25-16/22, 3rd Floor, Nagamalli Enclave, Krishna Nagar, Opposite Z.P Office, Maharanipeta, Visakhapatnam, Presently R/0.D.N0.3-181-A, Chowdary Nilayam, NGO Colony, Kurnool Road, Ongole, Prakasam District. 5. One CC to Sri Ayesha Azma S, Advocate [OPUC] 6. One CC to Sri Ashok Kumar Chillapalli, Advocate [OPUC] 7. Two CD Copies BSV vna HIGH COURT DATED:03/07/2025 ORDER TRCMP NO. 143 OF 2025 ALLOWING THE TR.CMP