APHC010254422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 162 OF 2025 Between: B.S.Pranathi, D/o. Late Bromittena Siva Prasad, W/o. M.Manoj Kumar Aged about 36 years, Occ: Software Engineer, R/o. Flat No.002, Anusree Apartment, LIC Colony, JNTU Road, Ananthapur District. Ananthapur Town ...Petitioner/Defendant AND Mukkoti Manoj Kumar, S/o. Sreenivasulu, Aged about 31 years, Occ: Software Engineer, R/o. behind Nagulaputta, Padugupadu Village, Kovuru Mandal, SPSR Nellore District. ...Respondent/Petitioner Petition Under Section 24 of the C.P.C., praying that in the circumstances stated in the affidavit filed there with, the High Court may be pleased to withdraw the HMOP No. 113 of 2024 on the file of the Hon'ble Civil Judge (Senior Division), Kovur, Nellore District and to transfer to the Hon'ble Judge, Family Court-Cum-VII Additional District Court, Ananthapuramu. f / lA NO: 1 OF 2025 Petition under Section 151 CPC, praying that in the circumstances stated jn the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in HMOP No.113 of 2024 on the file of the Hon’ble Civil Judge (Senior Division), Kovur, Nellore District. Counsel for the Petitioner: SRI GAJJALA MALLIKARJUNA REDDY Counsel for the Respondent: Ms. GRANDHI PRIYANKA The Court made the following order: 1 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO / transfer civil miscellaneous petition No.162 of 2025 ORDEEl 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 0 P.No.113 of 2024 on the file of the Senior Civil Judge, Kovvur, S.P.S.R. District, and transfer the same to the Judge, Family Court-cum-VII Nellore Additional District Court, Ananthapuram, 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 marriage of the petitioner with the respondent was solemnized on 27.08.2021, at Sampalatha Kalyana Mandapam, Suseela Reddy Colony, jNTU Road, Ananthapur District, as per the Hindu Rites and Caste Customs. After that, due to the matrimonial disputes between both the spouses, the I. the p0titioner/wife has been residing separately and depending upon the mercy of her parents at Ananthapur. The petitioner/wife further pleaded that in view of the harassment made by the '’®®Pondent/husband II. she lodged a complaint against the ^gspondent/husband, dated 30.06.2022, which was registered as Crime 1l9 of 2022, for the offences punishable under Sections 498-A, 506 r/w I P.C. and under Sections 3 & 4 of the Dowry Prohibition Act, / VGKR, i Tr.C.M.P.No.l62of2025 '' Dated 17.07.2025 2 1961, before the Mahila Police Station, Ananthapur. After completion of investigation. Police filed a charge sheet and the same was numbered C.C.No.845 of 2022 on the file of the Judicial Magistrate of First Class, Ananthapuram and the petitioner/wife also filed a Domestic Violence Case vide D.V.C.No.55 of 2022 on the file of the Special Judicial Magistrate of First Class, Ananthapur and the said two (2) cases are pending for adjudication against the respondent/husband before the competent Courts at Ananthapuram. The petitioner/wife further pleaded that to cause inconvenience and to harass her the respondent/husband had filed H M O P No.ns of 2024 on the file of the Senior Civil Judge, Kovvur, S.P.S.R. Nellore District, under Section 13(1)(ia)(ib)(ii) 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 woman, residing separatelyat her parents’ house at Ananthapur, it is very difficult for her to travel which is situated at a distance of more than 400 Kms from Ananthapur to Nellore 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.113 of 2024 on the file of the Senior Civil Judge, Kovvur, S.P.S.R. Nellore District, and transfer the same to the Judge, Family Court-cum-VII Additional District Court, Ananthapuram. as IV. \ VGKR, J Tr.C.M.P.No.l62 of 2025 Dated 17.07.2025 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, and in case, if this Court is inclined to transfer the present case from Nellore to Ananthapur, the personal appearance of the respondent/husband herein may be dispensed with before the transferee Court. Heard learned counsel appearing on both sides on record. 4. perused the material available on record. 5. The material on record prima facie goes to show that, the petitioner/wife has been residing at Ananthapur and she has instituted two (2) cases against the respondent/husband i.e., C.C.No.845 of 2022 on the file of the Judicial Magistrate of First Class, Ananthapuram and Domestic Violence Case vide D.V.C.No.55 of 2022 on the file of the Special Judicial Magistrate of First Class, Ananthapur, the said two (2) cases are pending for adjudication and the respondent/husband is also attending the Court proceedings before the competent Courts at Ananthapur. Furthermore, the material on record discloses that the respondent/husband has instituted H.M.O.P.No.113 of 2024 on the file of the Senior Civil Judge, Kovvur, S.P.S.R. Nellore District, under Section 13(1)(ia)(ib)(ii) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. 6. VGKR,J Tr.C.M.P.No.l62 of 2025- Dated 17.07.2025 4 7. The Apex Court in a case of GEETA HEERA \/s 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.” The Apex Court in a case of N.C.V. AISHWARYA VS KARTHIK SHA^, held as follows; \ 8. A.S. SARAVANA 9. The cardinal principles 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 economic soundness of both the parties, the social strata of the spouses and their behavioural pattern standard of life prior to the marriage and subsequent thereto circumstances of both the parties in eking out their livelihood 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 transfer. ” Courts have to take into consideration the their and the and under while considering 9. On considering the submissions made by the learned for both sides and in view of the ratio laid down by the aforesaid considering the facts and counsel appearing case lawsand on circumstances of the casethat in matrimonial proceedings, the convenience of the wife has to be taken into consideration than ^2000) 10 see 304 , ^ 2022 LiveLaw (SC) 627 VGKR, J Tr.C.M.P.No.ieZof 2025 Dated 17.07.2025 5 that of the inconvenience of the husband and petitioner/wife has been staying separately and depending upon the mercy of her parents at Ananthapur and it is very difficult for her to travel from Ananthapur to Nellore which is situated at a distance of more than 400 kms, 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 H.M.O.P.No.113 of 2024 on the file of the Senior Civil Judge, Kovvur, S.P.S.R. Nellore District, and transfer the same to the Judge, Family Court, Ananthapuram. Further, on considering the submissions made by the learned counsel for the respondent that the respondent/husba nd is an ot Ulv^HoroKorl thorciforia C4I. I I jf Wl , «.l • Wl W I ■ V./, r\ii 1^ CIO Cl ooiLwciio employee and currently it is desirable to dispense with the personal appearance of the ' VVIOI respondent/husband herein i.e., the petitioner in H.M.O.P.No.113 of 2024 on the file of the Senior Civil Judge, Kovvur, S.P.S.R. Nellore District, before the transferee Court, except on the days when his personal appearance is required ■x before the said Court as per law. In the result, the Transfer Civil Miscellaneous Petition is allowed and 10. H.M.O.P.No.113 of 2024 on the file of the Senior Civil Judge, Kovvur, S.P.S.R. Nellore District, is hereby withdrawn and transferred to the Judge, Family Court, Ananthapuram. The learned Senior Civil Judge, Kovvur, S.P.S.R. Nellore District, shall transmit the case record in H.M.O.P.No.113 of 2024, to the Judge, Family Court, Ananthapuram, 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 VGKR, J Tr.C.M.P.No.l62 of 2025 ‘ Dated 17.07.2025 6 the parties are directed to appear before the Judge, Family Court. Ananthapuram, on 25.08.2025, at 10.30 a.m. Later the learned Judge, Family Court, Ananthapuram is hereby directed not to insist for the personal appearance of the respondent herein i.e., the petitioner in H.M.O.P.No.113 of 2024, as long as his counsel is attending the Court proceedings and representing the case except on the day when re-conciliation proceedings are being taken up or on the day when hiscross-examination is required to be recorded or on any other day when his personal appearance is required as directed by the learned Judge, Family Court, Ananthapuram. There shall be no order as to costs. \ ■As a sequel, miscellane js petitions, if any pending and the interim order W C4 granted earlier, if any. shall stand closed. Sd/-B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SEGTONOFFICER To, 1. The Principal District and Sessions Judge, Nellore. The Principal District and Sessions Judge, Ananthapuram. The Civil Judge (Senior Division), Kovur, Nellore District. The Judge, Family Court-Cum-VII Ananthapuramu, Ananthapuram District. One CC to Sri Gajjala Mallikarjuna Reddy, Advocate [OPUC] One CC to Grandhi Priyanka, Advocate [OPUC] Two CD Copies 2. 3. 4. Additional District Court, 5. 6. 7. GPC VNA T HIGH COURT DATED: 17/07/2025 ^ 2 S JUL 2025 a. Current Seciion ORDER TRCMP NO. 162 OF 2025 :a; ALLOWING THIS TRANSFER CIVIL MISCELLANEOUS PETITION