■ I I {• APHC010315952025 IN THE HIGH COURT OF ANDHRA PRADE AT AMARAVATI FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 191 OF 2025 Between: Smt Shaik Sufiya R/0.D.N0.4-4-1-A, W/o.G.lnayathulla, Female, aged 27 years, Krishna Nagar, Madanapalle Town, Annamayya District. Aadhaar No.2534 5754 9098. Mobile No.85238 42280. ...Petitioner/Defendant AND Sri G.lnayathulla, S/o.GandIa Nazeer, Male, aged 31 years. Employee in XL Health Care Corporation Pvt., Ltd., Bangalore. Mobile No.83320 98944. ...Respondent/Plaintiff 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 withdraw the O.S.No.360 of 2024, by the Respondent, on the file of II Additional Junior Civil Judge, Hindupur, Ananthapur District, and transfer to the Additional Junior Civil Judge’s Court, Madanapalle, Chittoor District or to any other convenient place. •) 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 including the petitioner’s appearance in O.S.No.360 of 2024, filed by the Respondent, on the file of II Additional Junior Civil Judge, Hindupur, Ananthapur District, pending disposal of the Transfer Petition. r mam Counsel for the Petitioner: Smt Gottumukkala Amulya Spencer Counsel for the Respondent: None appeared The Court made the following: APHC010315952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 191/2025 Between; Smt Shaik Sufiya ...PETITIONER AND Sri G Inayathulla Counselfor the Petitioner: ...RESPONDENT 1.GOTTUMUKKALAAMULYA SPENCER Counsel for the Respondent: 1. The Court made the following: ORDER: Today when the matter is taken up for hearing, learned counsel for the petitioner has represented through virtual hearing that the proof of service memo dated 14.08.2025, along with the postal track consignment sheet downloaded from the Postal Department Website is filed before the Registry and the same is placed on the record. As per the track consignment sheet, the registered notice sent to the respondent was served on him on 11.08.2025. Therefore, service held sufficient. None appeared for the respondent. The petitioner/wife filed the present petition under Section 24 of the 2. Code of Civil Procedure, 1908, seeking to withdraw O.S.No.360 of 2024, on the file of the II Additional Junior Civil Judge, Hindupur, Ananthapur District and transfer the same to the Additional Junior Civil Judge Court, Madanapalle Chittoor District. 3. The case of the petitioner in brief is as follows; I. The petitioner is the legally wedded wife of the respondent and their marriage has been performed on 07.01.2024, as per Muslim marriage rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Madanapalle, Annamayya District and depending upon the mercy of her parents. The petitioner pleaded that she had lodged a complaint before Madanapalle II Town Police Station under Section 498-A IPC r/w Sections 3 and 4 of the Dowry Prohibition Act vide Cr.No.162 of 2024 and the same was numbered as C.C.No.642 of 2024, on the file of the learned II Additional Junior Civil Judge, Madanapalle, Chittoor District and the same is pending for adjudication. The petitioner further pleaded that she had filed a Domestic Violence Case vide D.V.C.No.40 of 2024, on the file of the I Additional Junior Civil Judge, Madanapalle, Chittoor District and the respondent/husband is attending the Court proceedings before the competent Court at Madanapalle, Chittoor District. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband filed O.S.No.360 of 2024, on the file of the II Additional Junior Civil Judge, Hindupur, Ananthapur District, seeking for restitution of conjugal rights. Learned counsel for the petitioner further contended that the petitioner being a woman, depending upon the mercy of her parents, it is very difficult for the petitioner/wife to travel at a distance of approximately more than 180 Kms from Madanapalle to Hindupur for attending the Court proceedings before the learned II Additional Junior Civil Judge, Hindupur, Ananthapur District, without any male support and that she was constrained to file the present petition against the respondent/husband seeking to withdraw O.S.No.360 of 2024, on the file of the II Additional Junior Civil Judge, Hindupur, Ananthapur District and transfer the same to the Additional Junior Civil Judge Court, Madanapalle, Chittoor District. i^Sv, t Heard Smt. G.Amulya Spencer, learned counsel for the petitioner. 4. w Though registered notice sent to the respondent was served on him, none appeared for the respondent. Therefore, service held sufficient. Perused the material available on record. The material on record prima facie goes to show that in view of the 5. matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Madanapalle, Annamayya District and she had filed a Criminal Case vide Cr.No.162 of 2024 and the same was numbered as C.C.No.642 of 2024, on the file of the learned II Additional Junior Civil Judge, Madanapalle, Chittoor District and the same is pending for adjudication. The petitioner had also filed a Domestic Violence Case vide D.V.C.No.40 of 2024 on the file of the I Additional Junior Civil Judge, Madanapalle, Chittoor District. The respondent/husband has filed O.S.No.360 of 2024, on the file of the II Additional Junior Civil Judge, Hindupur, Ananthapur District under Order VII, Rules 1 and 2 of Code of Civil Procedure, 1908, seeking restitution of conjugal rights. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana 6. Karthik Sha'’ held as follows: “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 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 ^ 2022 LiveLaw (SC) 627 I* 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 soc/o- economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer. ” On considering the submissions made by the learned counsel for the 7. petitioner 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.S.No.360 of 2024, on the file of the II Additional Junior Civil Judge, Hindupur, Ananthapur District and transfer the same to the Additional Junior Civil Judge Court, Madanapalle, Chittoor District. 8. In the result, the present petition is allowed and O.S.No.360 of 2024, on the file of the II Additional Junior Civil Judge, Hindupur, Ananthapur District, is hereby withdrawn and transferred to the Additional Junior Civil Judge Court, Madanapalle, Chittoor District. The II Additional Junior Civil Judge, Hindupur, Ananthapur District, shall transmit the case record in O.S.No.360 of 2024 to the Additional Junior Civil Judge Court, Madanapalle, Chittoor 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 closed. Sd/-B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal District & Sessions Judge, Ananthapur. 2. The Principal District & Sessions Judge, Chittoor. 3. The II Additional Civil Judge (Junior Division), Hindupur, Ananthapur District. 4 The Additional Civil Judge (Junior Division), Madanapalle, Chittoor District. 5. Smt Shaik Sufiya, W/o.G.lnayathulla, R/o.D.No.4-4-1-A, Krishna Nagar, Madanapalle Town, Annamayya District. Aadhaar No.2534 5754 9098. Mobile No.85238 42280. Employee in XL Health Care 6. Sri G.lnayathulla, S/o.Gandla Nazeer Corporation Pvt., Ltd., Bangalore. Mobile No.83320 98944. 7. One CC to Smt Gottumukkala Amulya Spencer, Advocate [OPUC] 8. Two CD Copies BSV vna HIGH COURT DATED:29/08/2025 ORDER TRCMP NO. 191 OF 2025 ALLOWING THE TR.CMP WITHOUT COSTS