APHC010305352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 188 OF 2025 Between: Smt. Chingipalli Deepthi, W/o.Ponna Sudheer Kumar, aged about 28 years, OcciHouse wife, R/o.D.No.26-12-1571, B.V.Nagar, Nellore Town- 524004. ...Petitioner AND Sri Ponna Sudheer Kumar, S/o.Naradha Muni, aged about 32 years, Capgemini, R/o.Balamvaripalli, Regallu Revenue Village and Post, Peleru Mandal, Annamayya District. OcciSoftware Engineer at ...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 H.M.O.P.No.32 of 2025 on the file of the Court of the Senior Civil Judge, Piler, Chittoor District, to the Court of the Family Court, Nellore. i lA NO: 1 OF 2025 Petition filed 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 stay of all further proceedings in the H.M.O.P.No.32 of 2025 the file of the Court of the Senior Civil Judge, Piler, Chittoor District. Counsel for the Petitioner: Smt Y.L.Siva Kalpana Reddy Counsel for the Respondent: None appeared The Court made the following: , on THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.188 of 2025 ORDER: Today when the matter has been taken up for hearing, learned counsel for the petitioner has represented that the proof of service Memo has been field in the Registry, on 04.08.2025 and the same is placed on record. As per the proof of service Memo, the Registered Notice sent to the respondent was served on him. None appeared for the respondent. Therefore, ‘service held sufficient’. 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 transfer of 2. H.M.O.P.No.32 of 2025 on the file of the Senior Civil Judge, Piler, Chittoor District, to the file of the Judge, Family Court, Nellore, S.P.S.R. Nellore District, for trial. The case of the petitioner in brief is as follows; 3. The petitioner is the legally wedded wife of the respondent/husband and their marriage was performed on 16.10.2024, with the blessings of both side elders at S.V.S.S. Kalyana Mandapam, Tirupati, Annnamayya District, as per the Hindu Rites and Caste Customs. Later, in view of the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately at her parents’ 2 VGKR, J Tr.C.M.P.No,188 of 2025 Dated 05.08.2025 house at Nellore, S.P.S.R. Nellore District. The petitioner/wife further pleaded that in view of the harassment made by the respondent/husband, the petitioner/wife lodged a complaint, against the respondent/husband and his family members, dated 10.04.2025, in Crime No.43 of 2025, under Section 85 of B.N.S. Act, and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Mahila Police Station, Nellore, the pending for investigation. The learned counsel for the petitioner would further contend that to cause inconvenience to the petitioner/wife, the respondent/husband had filed H.M.O.P.No.32 of 2025 on the file of the Senior Civil Judge, Piler, Chittoor District, under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights and the same is pending for adjudication. Learned counsel for the petitioner would further contended that the petitioner being a woman and residing separately and depending upon the mercy of her parents at Nellore, it is very difficult for her to attend the Court proceedings before the Senior Civil Judge, Piler, Chittoor District, which is situated at a distance of more than 200 Kms from Nellore to Piler without any male assistance and that she same is 3 \ VGKR, J Tr.C.M.P.No.188 of 2025 Dated 05.08.2025 constrained to file the present petition against the respondent/husband, seeking transfer of H.M.O.P.No.32 of 2025 on the file of the Senior Civil Judge, Filer, Chittoor was District, to the file of the Judge, Family Court, Nellore S.P.S.R. Nellore District. Heard learned counsel for the petitioner. 4. Though registered notice sent to the respondent was served on him, none appeared for the respondent. Therefore, ‘service held sufficient’. 5. Perused the materia! a\/ai!ab!e on record. O The materia! 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 and depending upon the mercy of her parents at Nellore and she has instituted a Criminal Case i.e., under Section 85 of B.N.S. Act, 7. and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Mahila Police Station, Nellore and the same is pending for investigation. The material record further discloses that the respondent/husband had filed on H.M.O.P.No.32 of 2025 on the file of the Senior Civil Judge, Filer, Chittoor District, under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights and the same is pending for adjudication. 4 VGKR, J Tr.C.M.P.No,188 of 2025 Dated 05.08.2025 8. The Apex Court in a Karthik Sha”* held as follows: case of N.C.V. Aishwarya Vs A.S.Sarava na 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 transfer, the Courts have to take are called upon to consider the plea of into consideration the soundness of both the parties, the social strata of the behavioural pattern, their standard economic spouses and their of life prior to the marriage and subsequent thereto and the ch out their livelihood and under seeking their sustenance to life, paradigm in the Indian society, generally, which must be looked at while considering transfer. circumstances of both the parties in eking whose protective umbrella they are Given the prevailing socio- economic it is the wife’s convenience 9. On considering the submissions made by the learned counsel for the petitioner and in view of the ratio laid down matrimonial proceedings, the than that of the i in the aforesaid case law that iin convenience of the wife has to be considered inconvenience of the husband. Therefore, I am of the considered view that there are justifiable grounds to consider the request of H.M.O.P.No.32 of 2025 District, to the file of the Judge, made by the petitioner/wife, for seeking transfer the file of the Senior Civil Judge, Filer, Chittoor on Family Court, Nellore, S.P.S.R. Nellore District. ‘ 2022 LiveLaw (SC) 627 5 VGKR, J Tr.C.M.P,No.188of2025 Dated 05.08.2025 In the result, the present Transfer Civil Miscellaneous Petition is 10. allowed and the H.M.O.P.No.32 of 2025 on the file of the Senior Civil Judge, Piler, Chittoor District, is hereby withdrawn and transferred to the file of the Judge, Family Court, Nellore, S.P.S.R. Nellore District. The learned Senior Civil Judge, Piler, Chittoor District, shall transmit the case record in H.M.O.P.No.32 of 2025, to the file of the Judge, Family Court, Nellore S.P.S.R. Nellore 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. 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/- P VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division), Piler, Chittoor District 2. The Judge, Family Court, Nellore, SPSR Nellore District. 3. Chingipalli Deepthi, W/o.Ponna Sudheer Kumar, R/o.D.No.26-12- 1571 B.V.Nagar, Nellore Town- 524004. 4. Ponna Sudheer Kumar, S/o.Naradha Muni, Occ'.Software Engineer at Capgemini, R/o.Balamvaripalli, Regallu Revenue Village and Post, Peieru Mandal, Annamayya District. CC to Smt Y.L.Siva Kalpana Reddy, Advocate [OPUC] 5. One 6. Two CD Copies BSV vna HIGH COURT DATED:05/08/2025 ORDER 18 AUG 2025 IS o TRCWIP NO. 188 OF 2025 ALLOWING THE TR.CMP WITHOUT COSTS