>>%■ APHdol0289372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 176 OF 2025 Between: Yadamareddy Sowmyasree, W/o. Yadamareddy Sudheer 25 years, Occ; Housewife, R/o. D.No.10/248-A24, Bi-pass Road, Gudivada, Krishna District- 521301. Aged about Teachers Colony, ...PETITIONER/RESPONDENT AND Yadamareddy Sudheer, S/o Yadamareddy Veera Jagan Software Engineer, Hindu, aged about 30 Police Road Hanuman Street, Ayyappanagar, Autonagar, Vijayawada- 520007. Mohan Rao, years, R/o. Flat No. 709 ...respondent/petitioner Petition Under Section 24 of the C.P.C., is filed Praying that in the circumstances stated in the affidavit filed therewith pleased to withdraw the the High Court may be in F.C.O.P. No. 1863 of 2022 from the file of the case Family Court Judge, Vijayawada and to transfer the same to the Hon’ble Family Court, Gudivada for trying and disposing of the same. lA NO: 1 OF 207!^ Petition under Section 151 circumstances stated in the affidavit filed i CPC, is filed praying that in the in support of the petition, the High 7 Court may be pleased to stay all further proceedings in F.C.O.P. No. 1863 of 2022 pending on the file of the Family Court Judge; Vijayawada, pending disposal of the main Transfer Civil Miscellaneous Petition. Counsel for the Petitioner : SRI K.V.ADITYA CHOWDARY, ADVOCATE Counsel for the Respondent: SRI AMANCHARLA SATISH BABU, ADVOCATE The Court made the following ORDER : 1 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.176 of 2025 ORDER: 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 F.C.O.P.No.1863 of 2022 on the file of the Judge, Family Court, Vijayawada, Krishna District and transfer the same to the Judge, Family Court, Gudiwada, for trial. 2. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent/husband and the marriage of the petitioner with the respondent was solemnized on 21.08.2021, at Talluri Lakshmana Rao Function Hall, Gudiwada, Krishna District as per the Hindu Rites and Caste Customs. During their wedlock period, the petitioner/wife and the respondent/husband were blessed with a male child on 28.04.2022 and later, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her child aged about three (3) years and depending upon the mercy of her parents at Gudiwada, Krishna District. li. The petitioner/wife further pleaded that to cause in convenience and to harass her, the respondent/husband had filed F.C.O.P.No.1863 of 2022 on the file of the Judge, Family Court, Vijayawada, Krishna District, under VGKR, J , Tr.C.M.P.No.l76 of 2025 Dated 30.07.2025 2 Section 13(1) of the Hindu Marriage Act, 1955, r/w Section 7 of the Family Court Act, seeking for dissolution of the marriage and the same is pending for adjudication. The petitioner/wife further pleaded that she being a woman, residing separately along with her child aged about three (3) years at her parents’ house at Gudiwada, Krishna District, it is very difficult for her to travel to attend the divorce case proceedings on each and every adjournment without male assistance and that she any was constrained to file the present petition seeking for withdrawal of F.C.O.P.No.1863 of 2022 on the file of the Judge, Family Court, Vijayawada, Krishna District and transfer the same to the Judge, Family Court, Gudiwada. 3. Learned counsel for the respondent/husband would contend that there is a life threat to the respondent/husband in the hands of the petitioner/wife herein. He further represented that there are no merits in the present petition filed by the petitioner/wife herein and also there are no other pending cases between both the parties except the said case filed by the respondent/husband herein against the petitioner/wife i.e., F.C.O.P.No.1863 of 2022, before the Judge, Family Court, Vijayawada, Krishna District. 4. Heard learned counsel for the petitioner through virtual mode and learned counsel for the respondent. 5. Perused the material available on record. VGKR, J Tr.C.M.P.No.l76 of 2025 Dated 30.07.2025 3 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 along with her child aged about three (3) years and depending upon the mercy of her parents at Gudiwada, Krishna District. Furthermore, the material on record discloses that the respondent/husband has instituted F.C.O.P.No.1863 of 2022 on the file of the Judge, Family Court, Vijayawada, Krishna District, under Section 13(1) of the Hindu Marriage Act, 1955, r/w Section 7 of the Family Court Act, seeking for dissolution of the marriage and the same is pending for adjudication. 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.” 6. 7. The Apex Court in a case of N.C.V. AISHWARYA VS A.S. SARAVANA KARTHIK SHA^ held as follows: “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 Courts have to take into consideration the economic 8. ^(2000) 10 see 304 ^ 2022 LiveLaw (SC) 627 VGKR, J Tr.C.M.P.No.l76 of 2025 Dated 30.07.2025 4 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 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. ” are Learned counsel for the respondent would contend that as stated supra, there is a life threat to the respondent/husband in the hands of the petitioner/wife herein. The law is well settled that mere apprehension of life threat is not a valid ground for seeking transfer from one place another place and the respondent/husband has to produce the prima facie material to prove the said allegation leveled against the petitioner/wife herein. 9. On considering the submissions made by the learned counsel appearing for both sides and in view of the ratio laid down in the aforesaid case laws and on considering the facts and circumstances of the case that in matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience of the husband and petitioner/wife has been residing separately along with her child aged about three (3) years and depending upon the mercy of her parents at Gudiwada, Krishna District, it is very difficult for her to travel from Gudiwada, Krishna District to Vijayawada, without any male assistance and therefore, I am of the 10. VGKR, J Tr.C.M.P.No.l76 of 2025 Dated 30.07.2025 5 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.1863 of 2022 on the file of the Judge, Family Court, Vijayawada, Krishna District and transfer the same to the Senior Civil Judge, Gudiwada, Krishna District. Further, on considering the submissions made by the learned counsel for the respondent that the respondent/husband is a software employee in Infosys and is currently working at Flyderabad and the enquiry has to be commenced in F.C.O.P.No.1863 of 2022 and re-conciliation was also conducted by the Judge, Family Court, Vijayawada, Krishna District, between both the parties, therefore, it is desirable to dispense with the personal appearance of the respondent/husband herein i.e., the petitioner in F.C.O.P.No.186 3 of 2022 the file of the Judge, Family Court, Vijayawada, Krishna District, before the transferee Court, except on the days when his personal appearance required before the said Court as per law. on IS 11. In the result, the Transfer Civil Miscellaneous Petition is allowed and F.C.O.P.No.1863 of 2022 on the file of the Judge, Family Court, Vijayawada, Krishna District, is hereby withdrawn and transferred to the Senior Civil Judge, Gudiwada, Krishna District. The learned Judge, Family Court, Vijayawada, Krishna District, shall transmit the case record in F.C.O.P.No.1863 of 2022, to the Senior Civil Judge, Gudiwada Krishna District, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the VGKR,J .. Tr.C.M.P.No.l76of 2025 Dated 30.07.2025 6 date of receipt of a copy of the order. Both the parties are directed to appear before the Senior Civil Judge, Gudiwada, Krishna District on 29.08.2025, at 10.30 a.m. Learned counsel for the respondent submitted that a time limit may be fixed to the transferee Court i.e.. Senior Civil Judge, Gudiwada, Krishna District, for disposal of the present case. Learned counsel for the petitioner also fairly conceded the same. Therefore, the learned Senior Civil Judge, Gudiwada, is hereby directed to dispose of the matter within a period of four (04) months from the date of appearance of both the parties. Later the learned Senior Civil Judge, Gudiwada, Krishna District, is hereby directed not to insist for the personal appearance of the respondent herein i.e., the petitioner in as long as his counsel is attending the Court proceedings and representing the case except on the day when his cross- examination is required to be recorded or on any other day when his personal appearance is required as directed by the learned Senior Civil Judge, Gudiwada, Krishna District. There shall be no order as to costs. F.C.O.P.No.1863 of 2022 As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. SD/- B.CHITTIJOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Family Court Judge, Vijayawada, Krishna District. 2. The Family Court Judge, Cum Senior Civil Judge, Gudivada, Krishna District. 3. Yadamareddy Sowmyasree, W/o. Yadamareddy Sudheer, Aged about 25 years, Occ: Housewife, R/o. D.No.10/248-A24, Teachers Colony, Bi-pass Road, Gudivada, Krishna District- 521301. 4. Yadamareddy Sudheer, S/o Yadamareddy Veera Jagan Mohan Rao, Software Engineer, Hindu, aged about 30 years, R/o. Flat No. 709, Police Road Hanuman Street, Ayyappanagar, Autonagar, Vijayawada- 520007. 5. One CC to Sri K.V.Aditya Chowdary, Advocate [OPUC] 6. One CC to Sri Amancharla Satish Babu, Advocate [OPUC] 7. Two CD Copies GPC TAC HIGH COURT DATED: 30/07/2025 ORDER TRCMP NO. 176 OF 2025 ^ 0 7 AUG 2025 )g irentSccti* ALLOWING THIS TRANSFER CIVIL miscellaneous petition