APHC010282642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0S5I t',. ’.vx: i €> - WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 167 OF 2025 n-i I o> Sf- ff ■g»- Between: Palisetti Indira, (shown as Palisetti @ Palivela Indira in CT of GWOP), W/o.Sri Palisetti Sai Kiran Kumar, aged 23 years, Occ: House Wife, R/o.D.No.59-17-1, Chandika Vari Street, Jagannadhapuram, Kakinada - 533 002. ...Petitioner AND Palisetti Sai Kiran Kumar, S/o.Sri Venkata Rao, R/o.Door No. 1969 Rambhajan Street, Ponduru-532 148, Srikakulam District. ...Respondent Petition filed 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 transfer the in G.W.O.P No.6 of 2025 pending on the file of the Court of the Principal District Judge, Srikakulam to any of the District Courts at Kakinada. case lA NO: 1 OF 2n2fi Petition filed under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pleased to grant stay of all further pending on the file of the Court of the Principal District Judge, Srikakulam pending disposal of the present Tr.C.M.P. Counsel for the Petitioner: Sri N.Siva Reddy Counsel for the Respondent: None appeared The Court made the following: proceedings in G.W.O.P No.6 of 2025 THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.167 of 2025 ORDER: Today when the matter is taken up for hearing, Sri N.Siva Reddy, learned counsel for the petitioner has represented that the proof of service memo dated 13.08.2025, along with the postal track consignment sheet downloaded from the Postal Department Website 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 24.07.2025. 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 G.W.O.P.No.06 of 2025 on the file of the Principal District Judge, Srikakulam and transfer the same to any other District Courts at Kakinada. The case of the petitioner in brief is as follows: 3. The petitioner is the legally wedded wife of the respondent and their 1. marriage has been performed at Srikakulam District on 02.12.2022, as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife along with a female child aged about 10 months are staying at her parents’ house at Jagannadhapuram, Kakinada and depending upon the mercy of her parents. The petitioner pleaded that she had lodged a complaint under Section 85 of B.N.S. and under Sections 3 and 4 of the Dowry 2 Prohibition Act vide FIR No.77 of 2024 and the same was number as C.C.No.200 of 2025, on the file of the learned I Additional Junior Civil Judge, Kakinada and the same is pending for adjudication. The petitioner further pleaded that she had filed a Maintenance Case vide M.C.No.05 of 2025, on the file of the III Additional Judicial First Class Magistrate Court, Kakinada and also a Domestic Violence Case vide D.V.C.No.16 of 2025, on the file of the V Additional Judicial First Class Magistrate Court, Kakinada and the respondent/husband is attending the Court proceedings before the competent Courts at Kakinada. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband filed G.W.O.P.No.06 of 2025, on the file of the Principal District Judge, Srikakulam under Sections 12 and 25 of the Guardian and Wards Act, 1890, seeking for custody of the minor daughter. II. Learned counsel for the petitioner further contended that the petitioner being a woman having a female child aged about 10 months, depending upon the mercy of her parents, it is very difficult for the petitioner/wife to travel at a distance of approximately more than 250 Kms from Kakinada ^ to Srikakulam for attending the Court proceedings before the learned Principal District Judge, Srikakulam, without any male support and that she was constrained to file the present petition against the respondent/husband seeking to withdraw G.W.O.P.No.06 of 2025, on 3 the file of the Principal District Judge, Srikakulam and transfer the same to any other District Courts at Kakinada. Heard Sri N.Siva Reddy, 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. Learned counsel for the petitioner/wife would contend that the minor daughter of the petitioner/wife and the respondent/husband, who is aged about 10 months, is currently staying along with the petitioner/wife and the respondent/husband has filed G.W.O.P.No.06 of 2025, on the file of the Principal District Judge, Srikakulam, seeking for custody of the said minor 4. 5. child. The material on record prime facie goes to show that in view of the matrimonial disputes between both the parties, the petitioner/wife along with a female child aged about 10 months are staying at her parents’ house at Jagannadhapuram, Kakinada and she had filed a Criminal Case under vide 6. FIR No.77 of 2024 and the same was number as C.C.No.200 of 2025, on the file of the learned I Additional Junior Civil Judge, Kakinada and the same is pending for adjudication. Further, the petitioner/wife had filed a Maintenance Case vide M.C.No.05 of 2025 on the file of the III Additional Judicial First Class Magistrate Court, Kakinada and also a Domestic Violence Case vide D.V.C.No.16 of 2025, on the file of the V Additional Judicial First Class Magistrate Court, Kakinada. The respondent/husband has filed 4 G.W.O.P.No.06 of 2025, on the file of the Principal District Judge, Srikakulann under Sections 12 & 25 of the Guardian and Wards Act, 1890, seeking for custody of the minor daughter. 7. 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 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 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 while considering transfer. ” 8. On considering the submissions made by the learned counsel for the petitioner 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 considered than that of the inconvenience of the husband. Therefore, this Court is of the considered view that there are grounds to consider the request of the petitioner/wife to withdraw G.W.O.P.No.06 of 2025, on the file of the Principal District Judge, Srikakulam and transfer the same to the III Additional District Judge Court at Kakinada. ^ 2022 LiveLaw (SC) 627 5 In the result, the present petition is allowed and G.W.O.P.No.06 of 9. 2025, on the file of the Principal District Judge, Srikakulam, is hereby withdrawn and transferred to the III Additional District Judge Court at Kakinada. The Principal District Judge, Srikakulam, shall transmit the case record in G.W.O.P.No.06 of 2025 to the III Additional District Judge Court at Kakinada, 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. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. Sd/- N NAGAMMA ASSISTANT RE(|)STRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal District Judge, Srikakulam, Srikakulam District. 2. The III Additional District Judge, Kakinada, East Godavari District. 3. Palisetti Indira, W/o.Sri Palisetti Sai Kiran Kumar, R/o.D.No.59-17-1, Chandika Vari Street, Jagannadhapuram, Kakinada - 533 002. 4. Palisetti Sai Kiran Kumar, S/o.Sri Venkata Rao, R/o.Door No. 1969, Rambhajan Street, Ponduru-532 148, Srikakulam District. 5. One CC to Sri N.Siva Reddy, Advocate [OPUC] 6. Two CD Copies BSV sree Sff HIGH COURT DATED: 13/08/2025 ORDER TRCMP NO. 167 OF 2025 ^ 0 2 SEP 2025 ALLOWING THE TR.CMP WITHOUT COSTS