IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY .THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLENOUS PETITION NO: 240 OF 2024 Between: Neelisetty @ Appala Venkata Siva Naga Anjani Lakshmi Alekya, Wife of Neelisetty Naga Teja, Daughter of Appala Gopalakrishna, aged about 29 years, Resident of Door No.17- 4-13/1, Vaishnavi Sadan, S.P.P. Road, 3rd Line, Ponnuru Guntur District. ...Petitioner AND Neelisetty Naga Teja, Son of Subba Rao, aged about 30 years. Property and Employment, Resident of Door No.23- 113/2, Thota, Pamarru, 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 and transfer the H.M.O.P.No.75 of 2023 on the file of the Civil (Senior Division) Judge Court, Gudivada, Krishna District to the Principal Civil Judge (Senior Division) Court at Bapatia, Guntur District. m r lA NO: 1 OF 2024 A 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 grant stay of all further proceedings of H.M.O.P.No.75 of 2023 on the file of the Civil (Senior Division) Judge Court, Gudivada, Krishna District. Counsel for the Petitioner: SRI PALLA BALU ANIL KUMAR Counsel for the Respondents: SRI AKULA VAMSI SANGEETH KUMAR The Court made the following: m ^ K THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.240 of 2024 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw the H.M.O.P.No.75 of 2023, on the file of the Senior Civil Judge, Gudivada, Krishna District and transfer the same to the Court of Senior Civil Judge, Bapatia, Guntur District, for trial. The case of the petitioner in brief is as follows: 2. The petitioner is none other than the wife of the respondent/husband and their marriage was performed on 06.01.2021 at Sree Sahasra Lingeswara Swamy Kalyana Mandapam, at Ponnuru, as per Hindu Rites and Caste Customs. In view of the matrimonial disputes in between both the spouses; the petitioner/wife has been residing at her parents’ house at Ponnuru. The petitioner/wife pleaded that. she lodged a complaint dated 22.06.2023, in Crime No. 132 of 2023, before Ponnuru Town Police Station, under Section 498- A of I.P.C., and under Section 3 and 4 of Dowry Prohibition Act, 1961, against the respondent/husband and his family members. the same is pending for investigation. The petitioner/wife further pleaded that, to cause unnecessary inconvenience to her the husband/respondent filed H.M.O P.No.75 of 2023, on the file of the Senior Civil Judge, Tr.C.M.P.No.240 of 2024 VGKR,J 2 Gudivada, Krishna District, under Section 13(l)(ia) of Hindu Marriage Act, 1955, seeking for divorce and the same is pending for adjudication. The petitioner/wife further contended that, the distance between Ponnuru and Bapatia is approximately more than 20 Kms, she being a women depending upon her parents, it is very difficult for her to travel from Ponnuru to Bapatia to attend the Court proceedings on each and every adjournment without any male support, and that she is seeking to withdraw the H.M.O.P.No.75 of 2023, on the file of the Senior Civil Judge, Gudivada, Krishna District and transfer the same to the Court of Senior Civil Judge Bapatia, Guntur District. 3. Heard learned counsel appearing on both sides. 4. Perused the material available on record. 5. The material on record primafacie goes to show that, the petitioner/wife lodged a complaint dated 22.06.2023, in Crime No. 132 of 2023, before Ponnuru Town Police Station, under Section 498-A of I.P.C., and under Section 3 and 4 of Dowry Prohibition Act, 1961, against the respondent/husband and his family members, the same is pending for investigation. It is also fact that the respondent/husband has filed H.M.O.P.No.75 of 2023, on the file of the Senior Civil Judge Gudivada, Krishna District, seeking for divorce and the same is pending for adjudication. The contention of the learned counsel for the petitioner is that, the petitioner/wife is staying at her parents’house at Tr.C.M.P,No.240 of 2024 VGKR, J 3 Ponnuru, the distance between the Ponnuru and Gudivada is more than 60 kms, since the petitioner being a woman, it is very difficult for her to travel from Ponnuru to Gudivada to attend the divorce case proceedings before the Senior Civil Judge Court at Gudivada, on each and every adjournment without any male support, and that she was constrained to file the present transfer petition. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.SaravanaKarthikSha^ held as follows: 6. “9. The cardinal principle 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 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. ” } 1 J On considering the submissions made by the learned counsel for the petitioner and in view of the ratio laid down in the aforesaid 7. case law that in matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience of the husband. Therefore, I am of the considered view that there are ^ 2022 LiveLaw (SC) 627 i Tr.C.M.P.No.240 of 2024 V6KR, J 4 justifiable grounds to consider the request of the petitioner/wife to withdraw the H.M.O.P.No.75 of 2023, on the file of the Senior Civil Judge, Gudivada, Krishna District and transfer the same to the Court of Senior Civil Judge, Bapatia, Guntur District. 8. In the result, the Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.75 of 2023, on the file of the Senior Civil Judge, Gudivada, Krishna District, is hereby withdrawn and transferred to the Court of Senior Civil Judge, Bapatia, Guntur District. The learned Senior Civil Judge, Gudivada, Krishna District, shall transmit the case record in H.M.O.P.No.75 of 2023 to the Senior Civil Judge, Bapatia, Guntur District, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of this order. Both the parties are directed to appear before the Senior Civil Judge, Bapatia, Guntur District, on 21.02.2025 at 10:30 a.m. 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/-B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal District Judge, Krishna at Machilipatnam. 2. The Principal District Judge, Guntur, Guntur District. 3. Neelisetty @ Appala Venkata Siva Naga Anjani Lakshmi Alekya, Wife of Neelisetty Naga Teja. Daughter of Appala Gopalakrishna, aged about 29 years. Resident of Door No.17- 4-13/1, Vaishnavi Sadan, S.P.P. Road, 3rd Line, Ponnuru Guntur District. 4. Neelisetty Naga Teja, Son of Subba Rao, aged about 30 years, property and employment. Resident of Door No.23- 113/2, Thota, Pamarru, Krishna District. The Senior Civil Judge at Bapatia, Guntur District. The Station House Officer, Ponnur town, Guntur District. The Senior Civil Judge Court, Gudivada, Krishna District. One CC to Sri. Palla Balu Anil Kumar Advocate [OPUC] One CC to Sri. Akula Vamsi Sangeeth Kumar Advocate [OPUC] Three CD Copies 5. 6. 7. 8. 9. 10. PR sree I HIGH COURT DATED;22/01/2025 Both the parties are directed to appear before the Civil (Senior Division) Judge, Bapatia, Guntur District on 21.02.2025 at 10;30a.m. ;• \ ORDER TRCMP.No.240 of 2024 % X 01 FEB 2025 ^ ^ Current Section Co/. ALLOWING THE TR.C.M.P. WITHOUT COSTS