APHC010229622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0^ MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION NO: 150 OF 2025 Between: Atia @ Vepamakula Swetha Reddy, W/o Atia Satyanarayana Reddy, D/o V. Venkata Ratnam Reddy R/o Vepamakula Ayyavaripalli Village, Vayalpadu Mandal Annamayya District, Erstwhile Chittor District. ...Petitioner AND Atia S^yanarayana Reddy, S/o Venkata Rami Reddy, Aged about 37 years, R/o D.No.5-32, Redia Bazar, M.V Rajupalem, Karlapalem Mandal, Bapatia District Erstwhile Guntur District. ...Respondent 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 order withdrawal of H.M.O.P. No.89 of 2024 from the Court of Principal Civil Judge (Senior Division) , Bapatia and transfer the same for trial and disposal to the court of the Civil Judge (Senior Division) at Piler, Annamayya District erstwhile Chittoor district. Counsel for the Petitioner: SRI. PULIPAKA RAGHURAM Counsel for the Respondent SRI. N V MOHANA RAO The Court made the following order: m.. 1 p THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.150 of 2025 ORDER: 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 withdrawal of H.M.O.P.No.89 of 2024 on the file of the Principal Senior Civil Judge, Bapatia, Guntur District and transfer the same to the Senior Civil Judge, Piler,for trial. The case of the petitioner in brief is as follows: 2. The petitioner is the legally wedded wife of the respondent/husband and the marriage of the petitioner with the respondent wassolemnized on 10.08.2008, at Sri Vasavi Kanyaka Parameswari Arya Vaisya Kalyana Mandapam, Karlapalem, as per the Hindu Rites and Caste Customs.After that, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her two (2) children and depending upon the mercy of her parents at Ayyavaripalli Village, Vayalpadu Mandal, Annamayya District. The petitioner/wife further pleaded that in view of the harassment made I. by the respondent/husband, she lodged a complaint dated 20.02.2023, against the respondent/husband, which was registered as CrimeNo.19 of 2023, for the offences punishable under Sections498-A, 494 r/w 34 of I.P.C. and under Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Vayalpad Police Station. After completion of investigation. Police filed VGKR, J Tr.C.M.P.No.l50of2025 ^ Dated 28.07.2025 - 2 a charge sheet and the same was numbered as C.C.No.89 of 2024 on the file of the Judicial Magistrate of First Class, Vayalpad and the petitioner/wife filed a Domestic Violence Case vide D.V.C.No.3 of 2023on the file of the Judicial Magistrate of First Class, Vayalpad and she also filed a Maintenance Case vide M.C.No.7 of 2023 on the file of the Judicial Magistrate of First Class, Vayalpad, the said three (3) for adjudication against the respondent/husband before the cases are pending competent Courts at Vayalpad. The petitioner/wife further pleaded that to causeinconvenience and to harass her, the respondent/husband had filedH.M.O.P.No.89 of 2024 of the Principal Senior Civil Judge, Bapatia, Guntur District, 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. The petitioner/wife further pleaded that she being a separately along with her two children at her parents’ house at Ayyavaripalli Village, Vayalpadu Mandal, Chittoor District, it is very difficult for her to travelwhich is situated at a distance ofmore than 400 Kms from Ayyavaripalli Village to Bapatia to attend the divorce case proceedings on each and every adjournment without any male assistance and that she was constrained to file the present petition seeking for withdrawal of H.M.O.P.No.89 of 2024 on the file of the Principal Senior Civil Judge, Bapatia, Guntur District and transfer the same to the on the file under Section IV. woman, residing Senior Civil Judge, Piler. VGKR, J Tr.C.M.P.No.150 of 2025 Dated 28.07.2025 3 3. Learned counsel for the respondent/husband would contend that the respondent/husband is an employee and currently working as a software engineer at Hyderabad. 4. Heard learned counsel appearing on both sides on record. 5. Perused the material available on record. The material on record prima facie goes to show that, the petitioner/wife has been residing at Ayyavaripalli Village and she has instituted three (3) cases i.e., C.C.No.89 of 2024, Domestic Violence Case vide D.V.C.No.3 of 2023 and Maintenance Case vide M.C.No.7 of 2023 on the file of the Judicial Magistrate of First Class, Vayalpad, and the aforesaid cases are pending for adjudication against the respondent/husband and the respondent/husband is also attending the Court proceedings before the competent Courts at Vayalpad. Furthermore, the material on record discloses that the respondent/husband has instituted H.M.O.P7{ste-.89 of 2024 on the file of the Principal Senior Civil Judge, Bapatia, Guntur District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. 6. 7. 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.” (2000lhl0-S€C 304 VGKR, J Tr.C.M.P.No.lSOof 2025 ^ Dated 28.07.2025 4 8. The Apex Court in a KARTHIK SHA^, held as follows: case of N.C.V. AISHWARYA VS A.S. SARAVANA "9. The cardinal principles for exercise ofpower under Section 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 24 of the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern standard of life prior to the , their 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. 9. On considering the submissions made by the learned for both sides and in view of the ratio laid down by the aforesaid on considering the facts and circumstances of the proceedings, the convenience of the wife has to be taken into that of the inconvenience of the husband and counsel appearing case laws and casethat in matrimonial consideration than petitioner/wife has been staying separately along with her two (2) children and depending upon the mercy of her parents at Ayyavaripalli Village, and it is very difficult for her to travel from Ayyavaripalli Village to Bapatia, which is situated at a distance of more than 400 kms, therefore, I am of the considered view that there are justifiable grounds to ^ 2022 LiveLaw (SC) 627 VGKR, J Tr.C.M.P.No.150 of 2025 Dated 28.07.2025 5 consider the request made by the petitioner/wife, seeking for withdrawal of H.M.O.P.No.89 of 2024 on the file of the Principal Senior Civil Judge, Bapatia, Guntur District and transfer the same to the Senior Civil Judge, Piler. Further, on considering the submissions made by the learned counsel for the respondent that the respondent/husband is a software employee and currently working at Hyderabad, therefore, it is desirable to dispense with the personal appearance of the respondent/husband herein i.e., the petitioner inH.M.O.P.No.89 of 2024 the file of the Principal Senior Civil Judge, Bapatia, Guntur District, before the ^ il transferee Court, except on the days when his personal appearance is required before the said Court as per law. 7 on In the result, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.89 of 2024 on the file of the Principal Senior Civil Judge, Bapatia, Guntur District, is hereby withdrawn and transferred to the Senior Civil Judge, Piler. The learned Principal Senior Civil Judge, Bapatia, Guntur District, shall transmit the case record in H.M.O.P.No.89 of 2024,to the Senior Civil Judge, Piler, 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 the parties are directed to appear before the Senior Civil Judge, Piler, on 29.08.2025, at 10.30 a.m. Later the learned Senior Civil Judge, Piler,is hereby directed not to insist for the personal appearance of the respondent herein i.e., the petitioner in H.M.O.P.No.89 of 2024, as long as his counsel is attending the Court proceedings and representing the case except on the day when re-conciliation 10. VGKR,J Tr.C.M.P.No.l50of2035 Dated 28.07.2025 6 proceedings are being taken required to be recorded up or on the day when his cross-examination is or on any other day when his personal required as directed by the learned Senior Civil appearance is Judge, Piler.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/- K J RAJA BABU ’ assistant REGISTRAR I I //TRUE COPY// SECTION OFFICER To. 1. The Principal Civil Judge (Senior Division), Bapatia. 2. The Civil Judge (Senior Division) at Filer, Annamayya District 3. Atia @ Vepamakula Swetha Reddy, W/o Atia Satyanarayana Reddy, D/o V. Venkata Ratnam Reddy r Vayalpadu Mandal Annamayya District, 4. ^la Satyanarayana Reddy, S/o Venkata years, R/o D.No.5-32, Redia Bazar, M.V Rajupalem, Karlapalem Mandal, Bapatia District Erstwhile Guntur District. 5. One CC to Sri. Pulipaka Raghuram, Advocate 6. One CC to Sri. N V Mohana Rao, Advocate [OPUC] 7. Two CD Copies R/o Vepamakula Ayyavaripalli Village, Erstwhile Chittoor District Rami Reddy, Aged about 37 [OPUC] PR sree Both the parties are directed to appear before the Civil Judge (Senior Division), Filer on 29/08/2025 at 10:30 a.m HIGH COURT DATED:28/07/2025 ORDER TRCMP NO. 150 OF 2025 ALLOWING THE TRCMP WITHOUT COSTS