APHC010310902025 THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT honourable SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. Civil MISC.PETITION NO: 184 OF 2025 IN THE Between: Krishna Pani Raj Kumar, aged 47 years, Nehru Road Gamini Sirisha, W/o.Gamini Occ; Housewife Vijayawada-520 007. R/o.Flat No.103, Sriram Plaza ...Petitioner/Respondent AND Gamini Krishna Pani Raj Kumar, S/o.Veera Venkata Ratnam, aged 49 R/o.H.No.25-3-12/1, Occ; Employee, JTO, BSNL, Eluru years Alamurivari Street, Tanuku, West Godavari District. ...Respondent/Petitioner that in the Section 24 of the C.P.C. praying therewith, the High Court may be Petition filed under circumstances stated in the affidavit filed pleased to transfer the OP No.39 of 2025 on Division), Tanuku to the Court of Additional Family Court, Vijayawada to be tried along with FCOP Nos.783 the file of Civil Judge (Senior and 795 of 2025 pending before the Additional Family Court, Vijayawada 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 all further proceedings in OP No.39 of 2025 on the file of Civil Judge (Senior Division), Tanuku. Counsel for the Petitioner: Sri K.Sita Ram Counsel for the Respondent: Sri K.V.L.Narasimha Rao The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.184 of 2025 ORDER; The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw O.P.No.39 of 2025, on the file of the Senior Civil Judge, Tanuku and transfer the same to the Additional Family Court, Vijayawada to try along with F.C.O.P.Nos.783 & 795 of 2025. The case of the petitioner in brief is as follows; 2. I. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Vijayawada on 12.02.2004, as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife along with two daughters are staying at her parents’ house at Nehru Road, Vijayawada and depending upon the mercy of her parents. The petitioner pleaded that she along with her daughters have filed two Maintenance Cases vide F.C.O.P.Nos.783 and 795 of 2025, on the file of the Additional Family Court, Vijayawada seeking maintenance from the respondent herein and the respondent is attending the Court proceedings before the competent Court at Vijayawada. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband filed O.P.No.39 of 2025, on the file of the Senior Civil Judge, Tanuku, under 2 Section 9 of the Hindu Marriage conjugal rights. II. Learned counsel for the being a woman having studies, depending upon the her to travel at a distance of Act, 1955, seeking for restitution of petitioner further contended that two daughters, who the petitioner are prosecuting their mercy of her parents, it is very difficult for approximately more than 130 Kms from Vijayawada to Tanuku for attending the Court proceedings before the without any male support and that present petition against the .39 of 2025, on the file learned Senior Civil Judge, Tanuku, she was constrained to file the respondent/husband seeking to withdraw O.P.No of the Senior Civil Judge, Tanuku Additional Family Court, Vijayawada. and transfer the same to the 3. Learned counsel for the grounds to consider the aforesaid case from the Senior Civil Court, Vijayawada and miscellaneous petition. He further respondent would contend that there are no request of the petitioner seeking to transfer the Judge, Tanuku to the Additional requested to dismiss the Family present transfer civil contended that the respondent/husband is in BSNL at Eluru, if this Court case from Tanuku to Vijayawada, the personal currently working as a Junior Telephone Officer i is inclined to transfer the attendance of the respondent/husband may be dispensed with before the transferee Court. 3 % Heard Sri K.Sita Ram, learned counsel for the petitioner and Sri K.V.L.Narasimha Rao, learned counsel for the respondent. Perused the 4. material available on record. 5. The material on record prima facie goes to show that in view of the between both the parties, the petitioner/wife along with matrimonial disputes her two daughters are staying at her parents’ house at Nehru Road, of her parents. Further the Vijayawada and depending upon the mercy with her two daughters have filed two Maintenance petitioner/wife along Cases vide F.C.O.P.Nos.783 and 795 of 2025. on the file of the Additional Vijayawada seeking maintenance from the respondent herein. Family Court, respondent/husband has filed O.P.No.39 of 2025, on the file of the Senior 9 of the Hindu Marriage Act, 1955, The Civil Judge, Tanuku, under Section seeking for restitution of conjugal rights. The Apex Court in a case Karthik Sha^ held as follows; of N.C.V. Aishwarya Vs A.S.Saravana 6. “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 consider the plea of transfer, the Courts have to Courts are called upon to take into consideration the economic soundness of both the parties, the social and their behavioural pattern, their standard of life prior strata of the spouses to the marriage and parties in eking out their are seeking their sustenance subsequent thereto and the circumstances of both the livelihood and under whose protective umbrella they to life. Given the prevailing socio- economic ^ 2022 LiveLaw (SC) 627 4 paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer. ” 7. 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 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 O.P.No.39 of 2025, on the file of the Senior Civil Judge, Tanuku and transfer the Court, Vijayawada. Further same to the Judge, Additional Family on considering the submissions made by the learned counsel for the respondent, as the respondent/husband is working a Junior Telephone Officer in BSNL at Eluru, the personal attendance as of the respondent/husband has been dispensed with before the transferee Court, except on the days when his presence is required before the learned Judge, Additional Family Court, Vijayawada. 8. In the result, the present petition is allowed and O.P.No.39 of 2025 the file of the Senior Civil Judge, Tanuku, is hereby withdrawn and transferred to the Judge, Additional Family Court, Vijayawada. The Senior Civil Tanuku, shall transmit the on Judge case record in O.P.No.39 of 2025 to the Judge, Additional Family Court, Vijayawada, 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. Both the parties are directed to appear before the learned Judge, Additional Family Court, Vijayawada onJ 8.09.2025, at 10.30 % 5 a.m., later the learned Judge, Additional Family Court, Vijayawada, is directed not to insist for the personal appearance of the respondent/husband i.e., the petitioner in O.P.No.39 of 2025, as long as his counsel is attending the Court proceedings and representing the case except on the day when re-conciliation proceedings are being taken up or 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 Judge, Additional Family Court, Vijayawada. 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 NAC^MMA STRAP ASSISTANT //TRUE COPY// SECTION OFFICER To, . 1. The .J44d9@^4(^ti0n9f Family Court, Vijayawada, Krishna District. 2. The Civil Judge (Senior Division), Tanuku, West Godavari District. 3. Gamini Sirisha, W/o.Gamini Krishna Pani Raj Kumar, R/o.Flat No.103, Sriram Plaza, Nehru Road, Vijayawada-520 007. 4. Gamini Krishna Pani Raj Kumar, S/o.Veera Venkata Ratnam, JTO, BSNL, Eluru, R/o.H.No.25-3-12/1, Alamurivari Street, Tanuku, West Godavari District. 5. One CC to Sri K.Sita Ram, Advocate [OPUC] 6. One CC to Sri K.V.L.Narasimha Rao, Advocate [OPUC] 7. Two CD Copies BSV sree t' HIGH COURT DATED: 13/08/2025 ORDER TRCMP NO. 184 OF 2025 ALLOWING THE TR.CMP WITHOUT COSTS