IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 253 OF 2024 Between: Varikuti Bhuvaneswari @ Bollimunta Bhuvaneswari, W/o. Varikuti Ramanjaneyulu, aged about 28 years, Hindu, Occ: Software Employee, R/o.Kakarlamudi Village, Vemuru Mandal, Bapatia District. ...Petitioner AND Varikuti Ramanjaneyulu, S/o. Pardhasaradhi, aged about 34 years, Occ; Software Employee, R/o.Vekanuru Village, Avanigadda Mandal, Krishna District. ...Respondent 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 order withdrawal of H.M.O.P. No. 48 of 2024 on the file of the court of Learned Civil Judge (Senior Division) at Avanigadda, Krishna District and to transfer the same to the court of Learned Additional Civil Judge (Senior Division) at Tenali, Guntur District for trial and disposal in accordance with law. lA NO: 1 OF 2024 Petition 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 grant stay of all further proceedings in H.M.O.P. No. 48 of 2024 on the file of the court of Learned Civil Judge (Senior Division) at Avanigadda, Krishna District, pending disposal of the Transfer C.M.P. Counsel for the Petitioner: Sri L Srinivasu Counsel for the Respondent: Sri Ghantasala Udaya Bhaskar The Court made the following: • 4:* THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.253 of 2024 ORDER; The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw the H.M.O.P.No.48 of 2024, on the file of the Senior Civil Judge, Avanigadda, Krishna District, and transfer the same to the Additional Senior Civil Judge Court at Tenali, Guntur District, for trial. The case of the petitioner in brief is as follows: 2. The petitioner is none other than the wife of the respondent/husband and their marriage was performed on 10.02.2022 at Kakarlamudi Village, as per Hindu Rites and Caste Customs. During their wed-lock period, the petitioner/wife blessed with one child and in view of the matrimonial disputes in between both the spouses; she has been residing along with her child aged about IV2 years at her parents’ house at Kakarlamudi Village, Vemuru Mandal Bapatia District and the she pleaded that she has been working as a software employee and attending her duties by way of work from home. The petitioner/wife pleaded that she Tr C.M.P.No.253 of 2024 VGKR, J 2 the 16.06.2024, against a complaint dated lodged respondent/husband and his family members before Vemuru F.I.R.No.108 of 2024, under Section 498-A and 4 of Dowry Prohibition Police Station in of I.P.C., and under Sections 3 is pending The for investigation, filed H.M.O.P.No.142 of Act, 1961, the same petitioner further pleaded that she - ior CivilJudge atTenali, of Hindu Marriage Act, 1955, and the same is pending the file of the Additional Senior District, under Section 9 restitution of conjugal rights 2024 on Guntur seeking for adjudication. The petitioner/wife further to her, the pleaded that to cause unnecessary has filed respondent/husband of the Senior Civil Judge inconvenience H.M.O.P Avanigadda, Krishna Hindu Marriage No.48 of 2024, on the file District, under Section 13(1)(ia)(ib) of dissolution of the . The Act, 1955, seeking is also pending for adjudication marriage and the same is petitioner/wife Tenali and Avanigadda is approximately more separately along with her child further contended that, the distanoe between than 50 Kms, women residing she being a aged about years Village, it is very at Kakarlamudi travel from Tenali to at her parents’ house difficult for her to Tr.C.M.P.No.253 of 2024 VGKR, J 3 Avanigadda to attend the divorce case proceedings before the said Court on each and every adjournment without any male support and that she is seeking to withdraw the H.M.O.P.No.48 of 2024, on the file of the Senior Civil Judge, Avanigadda, Krishna District, and transfer the same to the Additional Senior Civil Judge Court at Tenali, Guntur District. Heard Sri L. Srinivasu, learned counsel for the petitioner and Sri Ghantasala Udaya Bhaskar, learned counsel for the respondent. The material on record prima facie goes to show that, the petitioner/wife has been residing separately along with her child aged about 172 years at Kakarlamudi Village and she has instituted two (2) cases i.e., 498-A and H.M.O.P.No.142 of 2024, against the spondent/husband herein before the competent Court at Tenali and the respondent is also attending the case proceedings before the said competent Court at Tenali. It is also a fact that that the respondent/husband has filed H.M.O.P.No.48 of 2024, on the file of the Senior Civil Judge, Avanigadda, Krishna District, under Section 13(1)(ia)(ib) of Hindu Marriage Act, 1955, seeking dissolution of the marriage, the same is pending for adjudication. The contention of the learned counsel for the petitioner is that, the petitioner/wife is (i' 3. 4. re Tr.C.M.P.No.253 of 2024 VGKR, J 4 Staying separately along with her child aged about 172 years at her parents’ house at Kakarlamudi Village, the distance between Tenali and Avanigadda is more than 50 kms, since the petitioner being a woman and residing separately along with her child aged about 1/2 years at her parents’ house, it is very difficult for her to travel from Tenali to Avanigadda to attend the divorce case proceedings which is filed by the respondent/husband herein before the Senior Civil Judge, Avanigadda, Krishna District, on each and every adjournment without any male support and that she constrained to file the present transfer petition. The Apex Court in a case of 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.” The Apex Court in a case of N.C.V. Aishwarya Vs A.S.SaravanaKarthikSha^ held as follows: was 5. 6. “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 (2000) 10 see 304 ^ 2022 LiveLaw (SC) 627 Tr.C.M.P,No.253 of 2024 VGKR, J 5 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 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. ” On considering the submissions made by the learned counsel for the petitioner and in view of the ratio laid down in the aforesaid 7. 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 of the petitioner/wife, seeking to withdraw the H.M.O.P.No.48 of 2024, on the file of the Senior Civil Judge, Avanigadda, Krishna District, and transfer the same to the Additional Senior Civil Judge Court at Tenali, Guntur District. 8. in the result, the Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.48 of 2024, on the file of the Senior Tr.C.M.P.No.253 of 2024 VGKR, J 6 is hereby withdrawn and Civil Judge Court at Tenali, Civil Judge, Avanigadda Civil Judge, Avanigadda, Krishna District, is transferred to the Additional Senior Guntur Krishna District District. The learned Senior shall transmit the case record in H.M.O.P.No.48 of Civii Judge Court at Tenali, Guntur 2024 to the Additional Senior District, duly indexed as expeditiously as a period of two (02) weeks from the possible preferably within date of receipt of a copy of this before the Additional Both the parties are directed to appear Court at Tenali, Guntur District, on order. 17.03.2025, Senior Civil Judge There shall be no order as to costs. at 10:30 a.m. petitions, if any pending and the , shall stand closed. SDI- M PRABHAKARA RAO assistant registrar As a sequel, miscellaneous Interim order granted earlier, if any //TRUE COPY// SECTION OFFICER 1 The Civil Judge (Senior Division) at Avanigadda, Krishna District 2 The Additional Civil Judge (Senior Division), Tenali, Guntur District 3 Varikuti Bhuvaneswari @ Bollimunta Bhuvaneswari, W/o. Vankuti Ramanjaneyulu, aged about 28 years,Hindu, Occ Software Employee, R/o Kakarlamudi Village, Vemuru Mandal, Bapatia District. 4 Varikuti Ramanjaneyulu, S/o. Pardhasaradhi, aged about 34 years, Occ software Employee, R/o.Vekanuru Village, Avanigadda Mandal, To, Krishna District. 5. One CC to Sri. L Srinivasu, Advocate [OPUC] Ghantasata Udaya Bhaskar, Advocate jOPUCl 6. OneCCloSri. 7. Three CD Copies i Stu sree HIGH COURT DATED: 30/01/2025 ORDER TRCMP.No.253 of 2024 Sf X t t FEB 2025 ¥ ^ . Current Section ^2 “fSPATCWfS-^ ALLOWING THE TR.C.M.P. WITHOUT COSTS