IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.232 of 2024 Between: Bellamkonda Sai Priyanka, W/o. Vuyyuru Vamsi Krishna Kumar, D/o. Bellamkonda Rajukumar, Hindu, aged about 28 years, R/o. D.No. 25- 10-317, New Military Colony, Vedayapalem, Nellore-524004, SPSR Nellore District. ...Petitioner AND Vuyyuru Vamsi Krishna Kumar, S/o. Vuyyuru Rambabu, Hindu, aged about 30 years, R/o. Flat 502, Satyalok Apartments, Katuri Vari Street, Machavaram Town, Vijayawada-520004, N.T.R District. ...Respondent Petition under Section 24 of C.P.C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to withdraw the FCOP No. 1349 of 2023 from the file of learned Family Court - Cum- XIV Additional District and Sessions Judge, Vijayawada and transfer the same to the Family Court- cum- VI Additional District and Sessions Judge, Nellore. lA NO: 1 OF 2024 Petition under Section 24 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 FCOP No. 1349 of 2023 on the file % of the learned Family Court-cum- XIV Additional District and Sessions Judge, Vijayawada against the Petitioner including the personal appearance in the proceedings in 1349 of 2023 on the file of the learned Family Court-cum- XIV Additional District and Sessions Judge, Vijayawada, pending disposal of the above Transfer Miscellaneous Petition. : Sri Syed Asif Rozedar, representing on behalf of Sri Rosedar S.R.A Counsel for the Petitioner Counsel for the Respondent : None Appeared The Court made the following: ORDER I THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.232 of 2024 ORDER: Today when the matter is taken up for hearing, learned counsel for the petitioner represented that hehas filed the Proof of Service Memo along postal track consignment sheet before the Registry. As per the said track consignment sheet, it is noticed that the notice was sent to the learned counsel appearing for the respondent before the trial Court and the 12.02.2025. Butthere is no representation on with the same was served to him on behalf of the respondent, therefore, ‘service held sufficient’. petitioner/wife herein filed the present petition under Section 24 of 1908, seeking to withdraw F.C.O.P.No.1349 2. The the Code of Civil Procedure of 2023, from the file of the Family Court-cuim-XIV Additional District and Judge, Vijayawada and transfer the same to the Family Court- District and Sessions Judge,Nellore, S.P.S.R. Nellore Sessions cum-VI Additional District, for trail. 3. The case of the petitioner in brief is as follows; legally wedded wife of the respondent and 20.08.2022, at Sri Lakshmi Venkata 1. The petitioner is the theirmarriage was performed on Ftarnana Kalyana Mandapam, Nellore Town, as per Hindu Rites and Caste V6KR, J TR.C.M.P.No.232 of 2024* 9 2 Customs.Due to the matrimonial disputes between both the spouses, the petitioner/wifehas been residing separately at Nelloreand totally depending upon her parents. The petitioner/wife pleaded that she lodged a complaint dated 16.10.2023, in Crime No.352 of 2023,for the offences punishable under Section 498-A of I.FTC. and Sections3 &4 of the Dowry Prohibition Act, 1961, before the Vedayapalem Police Station, against therespondent/husband and the same is pending for investigation. The petitioner/wifefurther pleaded that she filed a Maintenance Case vide M.C.No.4 of 2024, on the file of theFamily Court-cum-VI Additional District and Sessions Judge, Nellore, seeking monthly maintenance from the respondent/husbandand she also filed Domestic Violence Case vide D.V.C.No.57 of 2024 on the file of the Special Excise Judicial Magistrate of First Class of Trial of Prohibition and Excise Cases, Nellore, the said cases are pending for adjudicationand the respondent/husband is also attending the case proceedings before the competent Courts at Nellore. The petitioner/wifefurther pleaded that to cause inconvenience to her, therespondent/husband filedF.C.O.P.No.1349 of 2023, on the file of the Family Court-cum-XIV Additional District and Sessions Judge, Vijayawada,under Section 13(1)(ia) of Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. 11. Learned counsel for the petitioner further contended that the petitioner being a woman and depending upon her parents, it is very difficult for her VGKR, J TR.C.M,P.No.232 of 2024 f 3 to travel at a distance of more than 250 Kms from Nelloreto Vijayawadawithout any male support and that she was constrained to file the present petition against the respondent/husband herein seeking to withdraw F.C.O.P.No.1349 of 2023 from the file of the Family Court-cum- XIV Additional District and Sessions Judge, Vijayawada and transfer the same to the Family Court-cum-VI Additional District and Sessions Judge, Nellore, S.P.S.R. Nellore District. 4. Heard Sri Syed Asif Rozedar, learned counsel representing on behalf of Sri Rosedar S.R.A, learned counsel for the petitioner. None appeared for the respondent. 5. Perused the material available on record. 6. The Apex Court in a case o^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.” 7. The Apex Court in a case oiN.C.V. Aishwarya Vs A.S.Saravana Kaiihik Sha^he\d as follows: “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 ^2000) 10 see 304 ' 2022 LiueLaw (SC) 627 VGKI\,J TR,C.M.P.No.232 of 2024 4 strata of the spouses and their behavioural pattern, their standard of life 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. ” prior 8. 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 taken into consideration than that of the inconvenience of the husband. Therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife herein to withdraw F.C.O.P.No.1349 of 202:3from the file of the F-amily Court-cum-XIV Additional District and Sessions Judge, Vijayawada and transfer the to the Family Court-cum-Vli Additional District and Sessions Judge, Nellore S.P.S.R. Nellore District. same 9. In the result, the present Transfer Civil Miscellaneous Petition is allowedand F.C.O.P.No.1349 of 2023, from the file of the Family Court- cum-XIV Additional District and Sessions Judge, Vijayawada, is hereby withdrawn and transferred to the Family Court-cum~VI Additional District and Sessions Judge, Nellore, S.P.S.R. Nellore District. The learned Family Court-cum-XIV Additional District and Sessions Judge, Vijayawada, shall transmit the case record in F.C.O.P.No.1349 of 2023 to the Family Court- cum-VTAdditional District and Sessions Judge, Nellore, S.P.S.R. Nellore VGKR, J TR.C.M.P.No.232 of 2024 5 District, 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.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 closq^d. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER ' ■ vSlySl'Krhna oTsWct tlirDys't^cf ^^^9e, 3. One CC to Sri Rosedar S.R.A, Advocate [OPUC] 4. Three CD Copies To TK vna HIGH COURT DATED:24/02/2025 ORDER TRCMP.No.232 of 2024 ALLOWING THE TRANSFER CIVIL MISCELLANEOUS PETITION