IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE o § ★ PRESENT «^ honourable SRI JUSTICE V. GOPALA KRISHNA RAO '' LRANSFER CIVIL MISCELLANEOUS PETITION Nq.17Q of 2024 Between: Guntuboina Mouli Chaitanya, S/o.Late Divakar Babu years, Private Employee, Residing at Door No. 5-52, Floor, 2 Street, Vivekananda Nagar, Old dairy Farm, Visakhapatnam-530040. Aged about 39 nd ...PETITIONER/PETITIONER AND Smt Guntuboina (Vayiboina) Ramya, Wife of Mouli Chaitanya, Aged about 34 years. Residing at Pillivari Veedhi, Beside Church Post and District. Anakapalle ...RESPONDENT Petition under Section 24 of the circumstances stated in the affidavit filed therewith, pleased to withdraw H.M.O.P.No.79 of 2022 from the C.P.C. Praying that in the the High Court may be - court of the Principal same to the court Civil Judge (Senior Division) Anakapalli and transfer the of the Honourable Judge Family Court, Visakhapatnam or to any competent court at Visakhapatnam. 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 grant stay of all further proceedings including appearance of petitioner in H.M.O.P.No.79 of 2022 in the court of the Principal Civil Judge (Senior Division) at Anakapalli pending the above Transfer Civil Miscellaneous Petition. : MS T V SRI DEVI Counsel for the Petitioner Counsel for the Respondent : SRI SRINIVASA RAO KURAPATI The Court made the following ORDER : % THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.179 of 2024 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw H.M.O.P.No.79 of 2022, on the file of the Principal Senior Civil Judge, Anakapalli and transfer the same to the Judge, Family Court, Visakhapatnam. 2. The case of the petitioner in brief is as follows: I. The petitioner is none other than the husband of the respondent and their marriage has been performed at Anakapalle on 27.05.2021 as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner and the respondent are staying separately. The petitioner pleaded that he has filed H.M.O.P.No.79 of 2022, on the file of the Principal Senior Civil Judge, Anakapalli, under Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking for dissolution of marriage. II. The petitioner contended that the learned Principal Senior Civil Judge, Anakapalli has openly expressed that if the petitioner do not take the respondent to matrimonial home, then the Divorce petition filed by the petitioner would be dismissed. Therefore, the petitioner herein filed T.O.P.No.74 of 2023, before the Principal District Judge, Visakhapatnam, seeking to withdraw H.M.O.P.No.79 of 2022. The 2 learned Principal District Judge, Visakhapatnam, vide order dated 14.03.2024, dismissed the Transfer Petition, by directing the Chief Administrative Officer to file a complaint against the petitioner before the II Additional Chief Metropolitan Magistrate, Visakhapatnam, for the offence punishable under Section 193 IPC. As such, the petitioner was constrained to file the present petition against the respondent/husband seeking to withdraw H.M.O.P.No.79 of 2022, on the file of the Principal Senior Civil Judge, Ariakapalli and transfer the same to the Judge, Family Court, Visakhapatnam. 3. Heard Ms. T.Sridevi, learned counsel for the petitioner and Sri Srinivasa Rao Kurapati, learned counsel for the respondent. Perused the material available on record. Today when the matter is taken up for hearing, learned counsel for the 4. petitioner contended that the learned Principal Senior Civil Judge, Anakapalli has openly expressed that “if the petitioner do not take the respondent to matrimonial home, then the Divorce petition filed by the petitioner would be dismissed”. At this stage, learned counsel for the respondent represented that another case is pending at Anakapalli Court against the petitioner and as such there are no justifiable grounds to consider the request of the petitioner. Further, the learned counsel for the respondents has fairly represented that the respondent has no objection, if the case in H.M.O.P.No.79 of 2022, on the file of the Principal Senior Civil Judge, Anakapalli, is transferred to the T 3 Additional Senior Civil Judge Court, Anakapalli and the learned counsel for the petitioner has also fairly conceded and reported that they also have no objection if the aforesaid case is transferred from the Principal Senior Civil Judge Court, Anakapalli to Additional Senior Civil Judge Court, Anakapalli. Admittedly, the petitioner herein filed the present transfer petition under Section 24 of the Code of Civil Procedure, 1908. Therefore, on considering the aforesaid submissions made by the learned counsel appearing for both sides on record, the present Transfer Civil Miscellaneous Petition is disposed of and the H.M,O.P.No.79 of 2022, on the file of the Principal Senior Civil Judge, Anakapalli, is hereby withdrawn and transferred to the Additional Senior Civil Judge, Anakapalli. The Principal Senior Civil Judge, Anakapalli, shall transmit the case record in H.M.O.P.No.79 of 2022 to the Additional 5. Senior Civil Judge, Anakapalli, duly indexed as expeditiously as possible preferably v/ithin a period of two (02) weeks from the date of receipt of a copy of the order. 6. With these observations, the Transfer Civil Miscellaneous Petition is disposed of. 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/- U.SmDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Civil Judge (Senior Division), Anakapalli Visakhapatnam District. 2. The Additional Civil Judge (Senior Division), Anakapalli VisakhapatnamDistrict. 3. One CC to M/s. T V Sri Devi, Advocate [OPUC] 4. One CC to Sri Srinivasa Rao Kurapati, Advocate [OPUC] 5. Three CD Copies TK TAC HIGH COURT DATED:13/02/2025 ORDER TRCMP.No.179 of 2024 0 MAR 2m ^ . Curreni oectian ^ ggSPATCW^^' DISPOSING OF THE TRANSFER CIVIL MISCELLANEOUS PETITION