APHC010290272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 181 OF 2025 Between: Dr.Birlangi Moksha Sahithya, D/o.B.Seetharam, W/o.Singupuram Sri Harsha, aged about 30 years, R/o.Flat No.FF-4, Sai Sivanandha Apartments, Near Surya Hospital, Ring Road, Vizianagaram. ...Petitioner/Petitioner AND Singupuram Sri Harsha, S/o.(late) S.Bhaskara Rao, aged about 34 years, Occ:Bank Manager, R/o.Door No.57-28-1, Garudadhri 106, Old IT Junction, Visakhapatnam, Andhra Pradesh-530007. Happy Homes BRTS Road, Kancharapalem ...Respondent/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 F.C.O.P. No.2393 of 2024 on the file of the Additional Family Court at Visakhapatnam to the Family Court, Vizianagaram. IANOMOF2025 Petition filed under Section 151 CPC stated in the affidavit fiied in support of the petition, the High Court may be pleased to stay of ail further proceedings in F.C.O.P. No.2393 of 2024 on the file of the Additional Family Court at Visakhapatnam, pending disposal of the above Tr.C.M.P. Counsel for the Petitioner: Sri Venkat Sailendra G Counsel for the Respondent: None appeared The Court made the following: praying that in the circumstances APHC010290272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 181/?n?/; Between: Dr Birlangi Moksha Sahithya ...PETITIONER AND Singupuram Sri Harsha Counsel for the Petitioner: ...RESPONDENT 1.VENKAT SAILENDRAG Counsel for the Respondent: 1. The Court made the following: ORDER: Today when the matter is taken up for hearing, G.Venkata Sailendra, learned counsel for the petitioner has represented that the proof of service memo dated 18.08.2025, along with the postal track consignment sheet downloaded from the Postal Department Website has been filed before the Registry and the same is placed on the record. As per the track consignment sheet, the registered notice sent to the learned counsel appearing for the respondent before the Court below was served on him on 12.08.2025. Therefore, service held sufficient. None appeared for the respondent. Sri 2. The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw F.C.O.P.No.2393 of 2024 on the file of the Additional Family Court, Visakhapatnam and transfer the same to the Family Court, Vizianagaram. 3. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Kancherlapalem, Visakhapatnam on 02.09.2023, as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Vizianagaram, depending upon the mercy of her parents. The petitioner pleaded that she had lodged a complaint before the Disha Police Station, Vizianagaram under Sections 498-A, 354-A, 506, 406 IPC and under Sections 3 and 4 of the Dowry Prohibition Act vide Cr.No.149 of 2023 against the respondent/husband and the is numbered as C.C.No.1032 of 2024, on the file of the II Additional Junior Civil Judge, Vizianagaram, the same is pending for adjudication. The petitioner further pleaded that she had filed a Domestic Violence Case vide D.V.C.No.27 of 2024, on the file of the Additional Judicial First Class Magistrate, Vizianagaram and a Maintenance Case vide on the file of the Family Court, at Vizianagaram and the respondent/husband is attending the Court proceedings before the competent Courts at Vizianagaram. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband filed F.C.O.P.No.2393 of 2024 the Additional Family Court, Visakhapatnam, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of same F.C.M.C.No.19 of 2024 on the file of marriage. 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 the petitioner/wife to attend the Court proceedings before the Additional Family Court, Visakhapatnam, 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.2393 of 2024 the file of the Additional Family Court, Visakhapatnam and transfer the same to the Family Court, Vizianagaram. on 4. Heard Sri G.Venkata Sailendra, learned counsel for the petitioner. None appeared for the respondent. 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 Vizianagaram and she had filed a Criminal Case vide Cr.No.149 of 2023 against the respondent/husband and the numbered as C.C.No.1032 of 2024, on the file of the II Additional Junior Civil Judge, Vizianagaram, the same is pending for adjudication. Further, the petitioner had also filed a Domestic Violence Case vide D.V.C.No.27 of 2024, on the file of the Additional Judicial First Class Magistrate, Vizianagaram and a Maintenance Case vide F.C.M.C.No.19 of 2024, on the file of the Family Court, at Vizianagaram. The respondent/husband has filed F.C.O.P.No.2393 of 2024, on the file of the Additional Family Court, Visakhapatnam, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage. 5. same is 6. The Apex Court in a case of GEETA HEERA Vs 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 A.S.Saravana Karthik Sha^ held as follows: 7. (2000) 10 see 304 ^ 2022 LiveLaw (SC) 627 “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. ” 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. 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.2393 of 2024, on the file of the Additional Family Court, Visakhapatnam and transfer the same to the Family Court, Vizianagaram. 8. 9. In the result, the present petition is allowed and F.C.O.P.No.2393 of 2024, on the file of the Additional Family Court, Visakhapatnam, is hereby withdrawn and transferred to the Family Court, Vizianagaram. The Additional Family Court, Visakhapatnam, shall transmit the case record in F.C.O.P.No.2393 of 2024 to the Family Court, Vizianagaram, duly indexed 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 As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Judge, Additional Family Court, Visakhapatnam District. 2. The Judge, Family Court, Vizianagaram, Vizianagaram 3. Dr.Birlangi Moksha Sahithya, D/o.B.Seetharam, Harsha, R/o.Flat No.FF-4, Sai Sivanandha Hospital, Ring Road, Vizianagaram. Visakhapatnam District. W/o.Singupuram Sri Apartments, Near Surya 4. Singupuram Sri Harsha, S/o.(late) S.Bhaskara Rao, Occ:Bank Manager, R/o.Door No.57-28-1, Happy Homes, Garudadhri Junction, 106, Old IT Andhra BRTS Road, Kancharapalem, Visakhapatnam Pradesh-530007. 5. One CC to Sri Venkat Sailendra G, Advocate [OPUC] 6. Two CD Copies BSV vna HIGH COURT DATED:03/09/2025 ORDER TRCMP NO. 181 OF 2025 ALLOWING THE TR.CMP WITHOUT COSTS