p APHC010325822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 194 OF 2025 Between: 1. Mekala Manasa, W/o. Lankotala Venkata Shesanka, aged 33 years, Occ: House wife. Residing at D.No. 12-2-50/1, Ashok Nagar, Anantapuramu Town, Anantapuramu District. 2. Lankotala Raghavarshini, D/o. Lankotala Venkata Shesanka, Aged 29 months (Minor), Represented by Natural Guardian/Mother. ...Petitioners/Respondents AND Lankotala Venkata Sasanka, S/o. Late L. Vasudevudu, Aged 35 years, Occ; Soft Ware Engineer, Residing at 97/33-1-1, Utukuru, C.K.Dinne Mandal, Kadapa District. ...RespondentyPetitioner 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 transfer the G.W.O.P. No. 57 of 2024 on the file of the Principal District Judge, Kadapa to Family Judge Court, Anantapuramu to try along F.C.O.P No.99 of 2024, Anantapuramu. lA NO: 1 OF 2C)9fi Petition under Section 151 CPC, praying that in the circumstances stated in the affidavit filed in support of the petition stay all further proceedings in G.W.O.P.No. 57 of 2024 Principal District Judge, Kadapa, pending disposal CMP. the High Court may be pleased to on the file of the of the above Transfer Counsel for the Petitioners: Sri Seshadri Counsel for the Respondent: -- The Court made the following order: Goalla N % / THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.194 of 2025 ORDER: Today when the matter is taken up for hearing, Sri Goalla Seshadri, learned counsel for the petitioners has represented that the proof of service memo dated 14.07.2025, 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 consignmentsheet, the registered notice sent to the respondent was served on him on 11.07.2025. Therefore, service held sufficient. None appeared for the respondent. 2. The petitioners have filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw G.W.O.P.No.57 of 2024 on the file of the Principal District Judge Court, Kadapa and transfer the same to the Family Court, Anantapuramu to try along with F.C.O.P.No.99 of 2024. 3. The case of the petitioners in brief is as follows: I. The petitioner No.1 is the legally wedded wife of the respondent and their marriage has been performed at Ananthapuramu on 31.10.2021, as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner No.1/wife along with a daughter aged about 2^''^ years, who is the petitioner No.2 herein are staying at her parents’ house at Ananthapuramu Town, Ananthapuramu District and depending upon the mercy of her parents. The petitioner No.1 2 pleaded that she had lodged a complaint before the Bukkaraya Samudramu Police Station, under Section 85 r/w 3(5) BNS and under Sections 3 and 4 of the Dowry Prohibition Act vide FIR No. 158 of 2024 and the same is pending for investigation. The petitioner No.1 further pleaded that earlier the respondent had filed F.C.O.P.No.99 of 2024 the file of the Family Court, Kadapa under Section 9 of the Flindu Marriage Act, 1955 and she had filed Tr.C.M.P.No.250 of 2024, before this Court seeking for transfer of the case in F.C.O.P.No.99 of 2024, on the file of the Family Court, Kadapa to the Family Court, Anantapuramu, wherein this Court vide order dated 18.02.2025, transferred the same to the Family Court, Ananthapuramu. The learned counsel for the petitioners would contend that to cause inconvenience to the petitioners, the respondent/husband filed G.W.O.P.No.57 of 2024 the file of the Principal District Judge Court, Kadapa, under Sections 7, 10, 17, 25, 29 r/w 39(a)(d)(g) of the Guardians and Wards Act, 1890, seeking permission for visiting the minor child once in every week and also on festivals. II. Learned counsel for the petitioners further contended that the petitioner No.1 being a woman having a daughter aged about 2 depending upon the mercy of her parents, it is very difficult for her to travel at a distance of more than 80 Kms from Ananthapuramu District to Kadapa for attending the Court proceedings before the learned Principal District Judge Court, Kadapa, without any male support and on on 1/2 years 3 that she was constrained to file the present petition against the respondent/husband seeking to withdraw G.W.O.P.No.57 of 2024 the file of the Principal District Judge Court, Kadapa and transfer the same to the Family Court, Anantapuramu to try along with F.C.O.P.No.99 of 2024. , on Heard Sri Goalla Seshadri, learned counsel for the petitioners. 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. 4. The material on record prima facie goes to show that in view of the matrimonial disputes between both the parties, the petitioner No. 1/wife along with a daughter aged about 2^^^ years, who is the petitioner No.2 herein are staying at her parents’ house at Ananthapuramu Town, Ananthapuramu District and she had filed a Criminal Case vide FIR No. 158 of 2024 against the respondent/husband and the same is pending for investigation. Thereafter, the petitioner No.1 had filed Tr.C.M.P.No.250 of 2024, before this Court seeking for transfer of the restitution case in F.C.O.P.No.99 of 2024, on the file of the Family Court, Kadapa, filed by the respondent/husband to the Family Court, Anantapuramu, wherein this Court vide order dated 18.02.2025, transferred the same to the Family Court, Ananthapuramu. The respondent/husb and has filed G.W.O.P.No.57 of 2024, on the file of the Principal District Judge Court, Kadapa, under Sections 7, 10, 17, 25, 29 r/w 39(a)(d)(g) of the Guardians and 5. / / 4 Wards Act. 1890, seeking week and also on festivals. The Apex Court i Karthik Sha^ held as follows; permission for visiting the minor child once in every 6. 'n a case of N.C.V. Aishwarya Vs A.S.Saravana 9. The cardinal principle for Code of Civil Procedure / exercise of power under Section 24 IS that the ends ofjustice should demand of the the transfer matters, wherever of the suit, appeal or other proceeding. In matrimonial Courts are called “P® ot consider the plea of transfer take into consideration the the Courts have to economic soundness ofboth the parties, the social „„ . their standard of life prior marriage and subsequent thereto anri fha ^ .edies in ehinp out their i.eiihood and under.hoZ^^Z^Z economic convenience which strata of the spouses and to the seeking their sustenance to paradigm in the Indian are life. Given the society, generally, it is the wife’s prevailing socio- must be looked at while considering transfer. 7. On considering the submissions made by the learned in the aforesaid counsel for the case laws that in to be considered Therefore, this Court is of the petitioner and in view of the ratio laid down i matrimonial than that of the i considered vi petitioner No. 1/wife Principal District Judge Court, Anantapuramu proceedings, the convenience of the wife has inconvenience of the husband. view that there 3re grounds to consider the request of the on the file of the to withdraw G.W.O.P.No. Court, Kadapa and to try along with F.C. 57 of 2024, transfer the O.P.No.99 of 2024. same to the Family 8. In the result, the 2024, on the file of the present petition i Principal District Judge Court IS allowed and G.W.O.P.No.57 Kadapa, is hereby of ^ 2022 LiveLaw^(SC) 627 5 withdrawn and transferred to the Family Court, Anantapuramu District. The Principal District Judge Court, Kadapa, shall transmit the G.W.O.P.No.57 of 2024 to the Family Court, Anantapuramu, case record in 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/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTON OFFICER To, The Principal District Judge, Kadapa, Kadapa District. Court, Anantapuramu, Anantapuramu District. 1 2. The Family Judge 3. OneCCto 4 Mekala Manasa, W/o. Lankotala Venkata Shesanka, aged 33 years. 12-2-50/1, Ashok Nagar I Sri Seshadri Goalla, Advocate [OPUC] wife. Residing at D.No. Town,"Anantapuramu District. Occ: House Anantapuramu 5 Lankotala Venkata Sasanka, S/o. Late L. Vasudevudu, Aged 35 years, Occ; Soft ware Engineer, Residing at 97/33-1-1, Utukuru, C.K.Dinne Mandal, Kadapa District. 6. Two CD Copies GPC vna HIGH COURT DATED: 06/08/2025 \\ ORDER TRCMP NO. 194 OF 2025 AN^ 2025 ALLOWING THIS TRANSFER CIVIL MISCELLANEOUS PETITION WITHOUT COSTS