APHC010338172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 200 OF 2025 Between: Kongana Triveni @ Janagarla Triveni, W/o.Kongana Venkata Rao, aged 25 years, D.No.6-21, Old Pendyala Village, Kanchikacherla Mandal, Krishna District-521185. ...PETITIONER/RESPONDENT AND Kongana Venkata Rao, S/o.(Late) Bhaskara Rao, aged 35 D.No.3-63, Vemineni Rama Vijayawada, Krishna District. years, Swamy Street, Ramavarappadu, ...RESPONDENT/PETITIONER 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 F.C.O.P.No.437 of 2023 on the file of Judge, Family Court at Vijayawada, Krishna District and Transfer the same to the Court of Senior Civil Judge Court at Nandigama, Krishna District or any other competent Court at Nandigama. * 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 of all further proceedings in F.C.O.P.No.437 of 2023 on the file of the Judge, Family Court at Vijayawada pending disposal of the main Tr. CMP. Counsel for the Petitioner : SRI R.SIVA SAI SWARUP Counsel for the Respondent; SRI SAI GANGADHAR CHAMARTY (NO REPRESENTATION) The Court made the following ORDER : THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.200 of 2025 ORDER: Today when the matter is taken up for hearing, Sri R.Siva Sai Swarup, learned counsel for the petitioner has represented that the proof of service memo dated 13.08.2025, 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 07.08.2025. 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 F.C.O.P.No.437 of 2023, on the file of the Judge, Family Court at Vijayawada, Krishna District and transfer the same to the Senior Civil Judge Court at Nandigama, Krishna District. The case of the petitioner in brief is as follows; 3. The petitioner is the legally wedded wife of the respondent and their marriage has been performed on 28.04.2016, as per Hindu rites and customs. In view of the matrimonial disputes between both the parties. the petitioner/wife along with a male child aged about 6 years are staying at her parents’ house at Kanchikacherla Mandal, Krishna District and depending upon the mercy of her parents. The petitioner pleaded that she had lodged a complaint under Sections 427, 324, 506 r/w 34 2 . ' A IPC and after completion of investigation the Police had filed charge sheet vide C.C.No.2185 of 2022, on the file of the Junior Civil Judge, Nandigama and the same is pending for adjudication. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband filed F.C.O.P.No.437 of 2023, on the file of the Judge, Family Court at Vijayawada, Krishna District under Section 13(1)(ia)(ib) of the Flindu Marriage Act, 1955, seeking for dissolution of marriage. II. Learned counsel for the petitioner further contended that the petitioner being a woman having a male child aged about 6 years, depending upon the mercy of her parents, it is very difficult for to attend the Court proceedings before the learned Judge, Family Court at Vijayawada Krishna District, without any male support and that she was constrained to file the present petition against the respondent/husband seeking to withdraw F.C.O.P.No.437 of 2023, on the file of the Judge, Family Court at Vijayawada, Krishna District and transfer the same to the Senior Civil Judge Court at Nandigama, Krishna District. 4. Heard Sri R.Siva Sai Swarup, learned counsel for the petitioner. 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. 5. The material on record prima facie goes to show that in view of the matrimonial disputes between both the parties, the petitioner/wife along_with ar 3 male child aged about 6 years are staying at her parents’ house at Kanchikacherla Mandal, Krishna District and she had filed a Criminal Case under Sections 427, 324, 506 r/w 34 I PC and after completion of investigation the Police had filed charge sheet vide C.C.No.2185 of 2022, on the file of the Junior Civil Judge, Nandigama and the same is pending for adjudication. The respondent/husband has filed F.C.O.P.No.437 of 2023, on the file of the Judge, Family Court at Vijayawada, Krishna District under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage. 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.Saravana Karthik Sha^ held as follows; 6. 7. “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 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. ” ^ (2000) 10 see 304 ^ 2022 LiveLaw (SC) 627 4 On considering the submissions made by the learned counsel for the 8. 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 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 F.C.O.P.No.437 of 2023, on the file of the Judge Family Court at Vijayawada, Krishna District and transfer the same to the Senior Civil Judge Court at Nandigama, Krishna District. 9. In the result, the present petition is allowed and F.C.O.P.No.437 of 2023, on the file of the Judge, Family Court at Vijayawada, Krishna District, is hereby withdrawn and transferred to the Senior Civil Judge Court at Nandigama, Krishna District. The Judge, Family Court at Vijayawada, Krishna District, shall transmit the case record in F.C.O.P.No.437 of 2023 to the Senior Civil Judge Court at Nandigama, Krishna 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/- N.NAGAMIVIA ASSISTANT R^STRAR //TRUE COPY// SECTION OFFICER To, 1. The Judge, Family Court, Vijayawada, Krishna District. 2. The Civil Judge (Senior Division), Nandigama, Krishna District. f ■ 3. Kongana Triveni @ Janagarla Triveni, W/o.Kongana Venkata Rao, D.No.6-21, Old Pendyala Village, Kanchikacherla Mandal, Krishna District-521185. Kongana Venkata Rao, S/o.(Late) Bhaskara Rao, D.No.3-63, Vemineni Rama Swamy Street, Ramavarappadu, Vijayawada, Krishna District. One CC to Sri R.Siva Sai Swarup, Advocate [OPUC] One CC to Sri Sai Gangadhar Chamarty, Advocate [OPUC] Two CD Copies BSV TAC 4. 5. 6. 7. > 9 ■ •> HIGH COURT DATED:13/08/2025 ORDER TRCMP NO. 200 OF 2025 .■V' g( 0 2 SEP 2025 CJ . ’^^sQuirent Sectiopx^^ ALLOWING THE TR.CMP WITHOUT COSTS