4 APHC010232532025 IN THE HIGH COURT OF ANDHRA PRA AT AMARAVATI l^E O TUESDAY, THE TWENTY FOURTH DAY OF JUN^ TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.151 of 2025 Between: Garikina @ Botta Sai Priya, W/o. Garikina Nagendra Kumar, D/o. Botta Srinivasa Prasad, Hindu, Age 31 years, R/o. Flat No. B-10, B-Block, Near Benz Circle, P and T Quarters, MG Road, Chandramoulipuram, Vijayawada-520 010, Krishna District. ...PETITIONER AND Garikina Nagendra Kumar, S/o. Nageswara Rao, Hindu, Age 31 R/o. D.No. 12-12-25/13, Ramayya Dhibba, Aryapuram, Rajamahendravaram, East Godavari District. years ...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 allow the TRCMP by withdrawing F.C.O.P No. 358 of 2024 from Hon'ble Family Court Cum IX Additional District Judge, East Godavari District, Rajamahendravaram and to transfer the same to the Hon'ble XIV Additional District Judge -Cum- Family Court, Vijayawada. lA NO: 1 OF 2025 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 the further proceedings in F.C.O.P No 358 of 2024 on the file Hon'ble Family Court Cum IX Additional District Judge, East Godavari District, Rajamahendravaram and to transfer the same to the Hon'ble XIV Additional District Judge -Cum- Family Court, Vijayawada. Counsel for the Petitioner : SRI S BALA MOHAN RANGA Counsel for the Respondent : NONE APPEARED The Court made the following ORDER : THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.151 of 2025 ORDER: Today when the matter is taken up for hearing, Sri S.Bala Mohan Ranga, learned counsel for the petitioner has represented that the proof of service memo dated 23.06.2025, along with the track consignment sheet is filed before the Registry and the same is placed on the record. As per the track consignment sheet, the registered notice sent to the respondent was served on him on 21.06.2025. Therefore, service held sufficient. None appeared for the respondent. The petitioner/wife filed the present petition under Section 24 of the 2. Code of Civil Procedure, 1908, seeking to withdraw F.C.O.P.No.358 of 2024, on the file of the Family Court-Cum-IX Additional District Judge, Rajamahendravaram, East Godavari District and transfer the same to the XIV Additional District Judge-Cum-Family Court, Vijayawada. The case of the petitioner in brief is as follows: 3. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Vijayawada on 06.02.2022 as per I. Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Chandramoulipuram, Vijayawada, Krishna District and depending upon the mercy of her parents. The petitioner pleaded that she had lodged a 2 complaint before the Station House Officer, Krishna Lanka, Vijayawada under Section 498-A IPC and under Sections 3 & 4 of the Dowry Prohibition Act vide Cr.No.169 of 2023 and the same is pending for investigation. The petitioner further pleaded that she had filed Tr.C.M.P.No.365 of 2024, before this Court seeking to transfer F.C.O.P.No.160 of 2023, on the file of the IX Additional District Judge, East Godavari District, Rajamahendravaram filed by the respondent/husband to the XIV Additional District Judge-Cum-Fami ly Court Vijayawada, wherein this Court vide its order dated 09.01.2025, allowed the aforesaid transfer petition filed by the petitioner herein and transferred the case in F.C.O.P.No.160 of 2023 to the XIV Additional District Judge-Cum-Family Court Vijayawada. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband had subsequently filed F.C.O.P.No.358 of 2024, on the file of the Family Court-Cum-IX Additional District Judge, Rajamahendravaram, East Godavari District, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage. II. Learned counsel for the petitioner further contended that the petitioner being a woman, depending upon the mercy of her parents, it is very difficult for her to travel at a distance of more than 170Kms from Vijayawada to Rajamahendravaram for attending the case proceedings before the learned Judge, Family Court-Cum-IX Additional District 3 Judge, Rajamahendravaram, East Godavari District, on each and every date of adjournment without any male support and that she was constrained to file the present petition against the respondent/husband seeking to withdraw F.C.O.P.No.358 of 2024, on the file of the Family Court-Cum-IX Additional District Judge, Rajamahendravaram, East Godavari District and transfer the same to the XIV Additional District Judge-Cum-Family Court, Vijayawada. 4. Fleard Sri S.Bala Mohan Ranga, learned counsel for the petitioner. Though registered notice sent to the respondent was served on him, none appeared for the respondent. Therefore, service held sufficient. Perused the material available on record. 5. The material on record prima facie goes to show that in view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Chandramoulipuram, Vijayawada, Krishna District and she had lodged a complaint before the Station Flouse Officer, Krishna Lanka, Vijayawada under Section 498-A IPC and under Sections 3 & 4 of the Dowry Prohibition Act vide Cr.No.169 of 2023. The respondent/husband has filed F.C.O.P.No.358 of 2024, on the file of the Family Court-Cum-IX Additional District Judge, Rajamahendravaram, East Godavari District, under Section 13(1)(ia)(ib) of the Flindu Marriage Act, 1955, seeking for dissolution of marriage. 4 6. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha'' held as follows: 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 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 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 considered than that of the inconvenience of the husband. Moreover, a petition for restitution of conjugal rights filed by the respondent/husband is pending before the XIV Additional District Judge-Cum-Family Court, Vijayawada for adjudication. Therefore, this Court is of the considered view that there are grounds to consider the request of the petitioner/wife to withdraw F.C.O.P.No.358 of 2024, on the file of the Family Court-Cum-IX Additional District Judge, Rajamahendravaram, East Godavari District and transfer the same to the XIV Additional District Judge-Cum-Family Court, Vijayawada. prior socio- economic 7. ^ 2022 LiveLaw (SC) 627 \ 5 8. In the result, the present petition is allowed and F.C.O.P.No.358 of 2024, on the file of the Family Court-Cum-IX Additional District Judge, Rajamahendravaram, East Godavari District, is hereby withdrawn and transferred to the XIV Additional District Judge-Cum-Family Vijayawada. The learned Family Court-Cum-IX Additional District Judge, Rajamahendravaram, East Godavari District, shall transmit the case record in F.C.O.P.No.358 of 2024 to the XIV Additional District Judge-Cum-Family Court, Vijayawada, 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. Court, As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. SD/- N.NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Family Court-cum-lX Additional District Judge, Rajamahendravaram, East Godavari District. 2. The XIV Additional District Judge -Cum- Family Court, Vijayawada Krishna District. 3. One CC to Sri S Bala Mohan Ranga, Advocate [OPUC] 4. THREE CD COPIES TK TAC / ■N HIGH COURT DATE0:24/06/2025 ORDER TRCMP No.151 of 2025 #o CJ\ \io 0 3 JUL 2025 —ori*»*^55'^ ALLOWING THE TRANSFER CIVIL MISCELLANEOUS PETITION