4 - i V V N THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT! WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION NO: 156 OF 2024 Between: Syed Fareena, W/o Seen! Jnani Rama Prasad, D/o Mustafa, aged about 28 Years, Muslim, R/o 15-1-22-6-A-2, Sivaji Nagar, (near Church) Estate, CTM , Road, Madanapalle Town and Mandal, Annamayya District. X ...Petitioner/s AND Seeni Jnani Rama Prasad, S/o Venkata Srinivasa Rao, aged about 28 Years, Hindu, Superintendent of Customs (Preventive) in Chennai, R/o Flat No.506, Vanaja Apartments, Kandrikagudem, Tapy Mastry Colony, Eluru Town and District, Cell No.9550297529. ...Respondent/s Petition Under Section 24 of the C.P.C. is filed Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to withdrawn and Transfer the case in H.M.O.P. No.69/2024 on the file of VII Additional District Judge-cum-Family Court, Eluru to Principal Civil (Senior Division) Judge, Madanapalle, Chittoor District. lA NO: 1 OF 2024 Petition 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 all further proceedings in H.M.O.P. No.69/2024 on the file of VII Additional District Judge-cum-Family Court, Eluru. Counsel for the Petitioner: SRI. P. VASU SEKHAR Counsel for the Respondent: SRI. G.V.ANAND KUMAR The Court made the following: ‘X v/r'r>nAl A l/'DICUMA PAH V w/r" ixixiwi ii^#-» i%* ! Ht HON’BLE SRi JUSTICE TRANSFER CIVIL MISCELLANEOUS PETITION No.156 of 2024 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw the H.M.O.P.No.69 of 2024 on the file of the VII Additional District Judge-cum-Family Court, at Eluru, West Godavari District, and transfer the same to the file of the Principal Senior Civil Judge, Madanapalle, Chittoor District, for trial. The case of the petitioner in brief is as follows: 2. The petitioner is the legally wedded wife of the respondent and in view of the matrimonial disputes between petitioner/wife has been residing along with her child at her parents house at Madanapalle. The petitioner/wife further pleaded to unnecessary inconvenience to her, the respondent/husband filed H.M.O.P.No.69 of 2024 on the file of the VII Additional District Judge-cum-Family Court, at Eluru, West Godavari District, under Section 26 (I!) of C.P.C., the same is pending for adjudication. I. the both the spouses; cause 3. Learned counsel for the petitioner further contended that the petitioner being a woman has been residing at her parents’ house along with her child at Madanapalle, it is very difficult for her to travel which is at a distance of than 500 Kms from Madanapalle to Eluru to attend the case proceedings on each and every adjournment before the said Court at Eluru more 2 VGKR, J Tr.C.M.P.No.l56of 2024 iiiale support and that she was constrained to file the present vvithoi It UL Cll petition seeking withdrawal of the H.M.O.P.No.69 of 2024 on the file of the VII Additional District Judge-cum-Family Court, at Eluru, West Godavari District, and transfer the same to the Principal Senior Civil Judge Madanapalle, Chittoor District. Heard learned counsel for the petitioner and learned counsel for the 4. respondent thorough virtual mode. Learned counsel for the respondent would contend that, the 5. respondent/husband has been residing at Chennai and working as a Customs Officer at Chennai. Perused the material available on record. 6. The material on record prima facie goes to show that, in view of the 7. matrimonial disputes between both the spouses; the petitioner/wife is staying separately at her parents’ house along with her child at Madanapalle. It is also a fact that that the respondent/husband has filed H.M.O.P.No.69 of 2024 on the file of the VII Additional District Judge-cum-Family Court, at Eluru, West Godavari District. The contention of the learned counsel for the petitioner is that, the petitioner/wife has been residing separately at her parents’ house along with her child at Madanapalle and the distance between the Madanapalle and Eluru is more than 500 kms, since the petitioner being a woman depending upon her parents, it is very difficult for her to travel from 3 VGKR, J Tr.C.M.P.No.l56of 2024 Madanapalle to Eluru without any male support, and that she was constrained to file the present transfer petition. The Hon’ble Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha^ held as follows; 8. “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 economic seeking their sustenance to life. Given the prevailing socio 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 counsel appearing for both sides and in view of the ratio laid down in the aforesaid case law 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 request made by the petitioner/wife to withdraw the H.M.O.P.No.69 of 2024 on the file of the VII Additional District Judge-cum- consider the ‘ 2022 LiveLaw (SC) 627 4 VGKR, J Tr.C.M.P.No.l56of2024 Family Court, at Eluru, West Godavari District and transfer the same to the Principal Senior Civil Judge, Madanapalle, Chittoor District. On considering the submissions made by the learned counsel for respondent, since the respondent/husband has been residing at Chennai and working as a Customs Officer at Chennai, therefore, the personal appearance of the respondent herein i.e., the petitioner in H.M.O.P.No.69 of 2024 on the file of the VII Additional District Judge-cum-Family Court, at Eluru, West Godavari District has been dispensed with before the transferee Court i.e., before Principal Senior Civil Judge Court, at Mandanapalle, Chittoor District, “except on the days when his presence is required as per law”. 10. In the result, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.69 of 2024 on the file of the VII Additional District Judge-cum- Family Court, at Eluru, West Godavari District, is hereby withdrawn and transferred to the Principal Senior Civil Judge, Madanapalle, Chittoor District. The learned VII Additional District Judge-cum-Family Court, Eluru, West Godavari District, shall transmit the case record in H.M.O.P.No.69 of 2024 to the Principal Senior Civil Judge, Madanapalle, Chittoor District, 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. Furthermore, the personal attendance of the respondent herein i.e., the petitioner in H.M.O.P.No.69 of 2024, has been dispensed with, before the transferee Court i.e.. Principal Senior Civil Judge, Madanapalle, Chittoor District, “except on the days when 5 VGKR,J Tr.C.M.P.No.l56of 2024 his presence is required as per law”. Both the parties are directed to appear before the Principal Senior Civil Judge, Madanapalle, Chittoor Distrct, on 24.02.2025, at 10.30 a.m. 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/- B CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SE OFFICER To 1. The VII Additional District Judge-cum-Family Court, Eluru. 2. The Principal Civil (Senior Division) Judge, Madanapalle, Chittoor District 3. Syed Fareena, W/o Seeni Jnani Rama Prasad D/o Mustafa, aged about ,28 Years, Muslim, R/o 15-1-22-6-A-2, Sivaji nagar, (near Church) Estate, CTM Road, Madanapalle Town and Mandal, Annamayya District 4. Seeni Jnani Rama Prasad, S/o Venkata Srinivasa Rao, aged about 28 Years, Hindu, Superintendent of Customs (Preventive) in Chennai, R/o Flat No.506, Vanaja Apartments, Kandrikagudem, Tapy Mastry Colony, Eluru Town and District, Cell No.9550297529. 5. One CC to Sri. P. Vasu Sekhar, Advocate [OPUC] 6. One CC to Sri. G.V. Anand Kumar, Advocate [OPUC] 7. Three CD Copies PR sree ■ • • Vi/ ■ % I Both the parties are directed to appear before the Principal Civil Judge, Madanapalle, Chittoor District on 24.02.2025 at 10:30 am. DATED:08/01/2025 / . (Senior Division) ORDER TRCMP.No.156 of 2024 ALLOWING THE TR.C.M.P. WITHOUT COSTS