APHC010250962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 168 OF 2025 Between: Shaik Shaheema, W/o. Nawaz Khan, age 28 years, R/.D.No. 9-9-46/8, Andhra University, North Campus, Pitapuram Colony, Maddelapalem, Visakhapatna. Present R/o Eastern Street, Eluru, West Godavari. ...Petitioner AND Nawaz Khan, S/o. Hussain Khan, age 32 years, Sri Sai Towers, Flat No. 404, D-Block, Behind Z.P School, Gollapudi, Vijayawada Urban, Krishna 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 withdraw the F.C.O.P. No. 1639 of 2022 on file of the Family Court Vijayawada, Krishna District, and transfer the same to the file of the Family Court at Eluru, West Godavari District. 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 further proceedings in F.C.O.P. No. 1639 of 2022 on file of the Family /*' Court Vijayawada, Krishna District pending disposal of the above Transfer Civil Miscellaneous Petition. Counsel for the Petitioner: SMT. MARELLA RADHA Counsel for the Respondent: The Court made the following ORDER: THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.168 of 2025 ORDER: Today when the matter has been taken up for hearing, learned counsel for the petitioner has represented that the proof of service Memo dated 14.07.2025, along with the postal 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 25.06.2025. But none appeared for the respondent. Therefore, ‘service held sufficient’. The petitioner/wife filed the present petition under Section 2. 24 of the Code of Civil Procedure, 1908, seeking for withdrawal of F.C.O.P.No.1639 of 2022 on the file of the Judge, Family Court Vijayawada, Krishna District and transfer the same to the Judge, Family Court, Eluru, West Godavari District, for trial. The case of the petitioner in brief is as follows; 3. The petitioner is the legally wedded wife of the respondent and their marriage was performed on * ^ 2 VGKR, J Tr.C.M.P.No.l68 of 2025 Date: 15.07.2025 10.11.2021, at Manya Guest House, Power Peta, Eluru, in the presence of both families, as per the Muslim Rites and Customs. In view of the matrimonial disputes between both the spouses, the petitioner/wifehas been residing separately at her grandmother’s house at Eluru, West Godavari District. The petitioner/wife further pleaded that she filed a Domestic Violence Case vide D.V.C.No.8 of 2021 on the file of the Special Judicial Magistrate of First Class-cum-lll Additional Junior Civil Judge, Eluru, the same is pending for adjudication. The learned counsel for the petitioner would further contend that to cause inconvenience to the petitioner/wife, the respondent/husband had filed F.C.O.P.No.1639 of 2022 on the file of the Judge, Family Court, Vijayawada, Krishna District, under Section 281 of Muslim Law Act, 1939, seeking for restitution of conjugal rights and the same is also pending for adjudication. Learned counsel for the petitioner further contended that the petitioner being a woman depending upon the mercy of her grandmother at Eluru Tr 3 VGKR, J Tr.C.M.P.No.l68 of 2025 Date: 15.07.2025 it is very difficult for her to travel from Eluru to Vijayawada to attend the Court proceedings before the Judge, Family Court, Vijayawada, Krishna District, without any male assistance and that she was constrained to file the present petition against the respondent/husband seeking for withdrawal of F.C.O.P.No.1639 of 2022 on the file of the Judge, Family Court, Vijayawada, Krishna District and transfer the same to the Judge, Family Court, Eluru, West Godavari District. Heard Smt. Marella Radha, learned counsel for the 4. petitioner. Though registered notice sent to the respondent was served on him, none appeared for the respondent. Therefore, 5. service held sufficient. Perused the material available on record. The material on record prima facie goes to show that in view of the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately at her grandmother’s house at Eluru, West Godavari District and she has institute!^ a 6. 7. 4 VGKR, J Tr.C.M.P.No.l68 of 2025 Date; 15.07.2025 Domestic Violence Case vide D.V.C.No.8 of 2021 on the file of Special Judicial Magistrate of First Class-cum-lll Additional Junior Civil Judge, Eluru, the same is pending for adjudication and the respondent/husband is also attending the case proceedings before the Court at Eluru. The material on record further reveals that the respondent/husband had filed F.C.O.P.No.1639 of 2022 on the file of the Judge, Family Court, Krishna District, under Section 281 of Muslim Law the Vijayawada 1939, seeking for restitution of conjugal rights and the same Act, is also pending for adjudication. The Apex Court in a case A.S.Saravana Karthik Sha^ held as follows; of N.C.V. Aishwarya Vs 8. “9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice demand the transfer of the suit, appeal or other should proceeding. In matrimonial matters, wherever Courts are called consider the plea of transfer, the Courts have to take upon to 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 and the circumstances of both the parties in eking out thereto their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socip- ^ 2022 LiveLaw (SC) 627 r • 5 VGKR, J Tr.C.M.P.No.l68of2025 Date: 15.07.2025 economic 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 9. aforesaid case law that in matrimonial proceedings, the convenience of the wife has to be considered than that of the inconvenience of the husband. Therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife seeking for withdrawal of F.C.O.P.No.1639 of 2022 on the file of the Judge, Family Court Vijayawada, Krishna District and transfer the same to the Judge Family Court, Eluru, West Godavari District. In the result, the present Transfer Civil Miscellaneous 10. Petition is allowed and F.C.O.P.No.1639 of 2022 on the file of the Judge, Family Court, Vijayawada, Krishna District, is hereby withdrawn and transferred to the Judge, Family Court, Eluru, West Godavari District. The learned Judge, Family Court, Vijayawada, Krishna District, shall transmit the case record in F.C.O.P.No.1639 of 2022 to the Judge, Family Court, Eluru, West Godavari District, duly indexed as expeditiously as possible 6 VGKR, J Tr.C.M.P.No.l68 of 2025 Date: 15.07.2025 preferably within a period of two (02) weeks from the date of receipt of a copy of this order. 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/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Family Court Vijayawada, Krishna District. 2. The Family Court at Eluru, West Godavari District. 3. One CC to Smt. Marella Radha, Advocate [OPUC] 4. Two CD Copies Chp vna ■ ^ I HIGH COURT DATED:15/07/2025 ORDER TRCMP NO. 168 OF 2025 OV * ? 2 JUt -2025 ¥J ■a . Current Section ^ ALLOWING THE TRANSFER CIVIL MISCELLANEOUS PETITION