APHC010350542025 0^ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 205 OF 2025 Between: Komara Sai Pranathi, W/o.Komara Pavan Kumar, aged 27 years, Occ: Private Employee, Currently residing at D.No.20-3/2-2A, Ramalayam Street, Near Surya Public School, Ayodhya Nagar, Vijayawada - 520 003, N.T.R. District, Andhra Pradesh. ...Petitioner/Respondent AND Komara Pavan Kumar @ Naga Venkata Pavan Kumar, S/o.Komara Durga Rao, aged about 36 years, Occ: Private Employee, R/o.D.No.5- 6-59/32, Rajiv Sharma Nagar, Sowmya Theatre Backside, Vijayawada - 520001, N.T.R. District, Andhra Pradesh. ...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 withdrawal of H.M.O.P. No.107 of 2024 (Senior Division). Narsapur, West Godavari District and on the file of Civil Judge to transfer the same to the IV Additional District and Sessions Judge, Vijayawada for trial and disposal of the same in accordance with law. lA NO: 1 OF 202R Krishna District 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 in H.M.O.P. No. 107 of 2024 on the file of Civil Judge (Senior Division), Narsapur, West Godavari District, pending disposal of the main Transfer Civil Miscellaneous Petition. Counsel for the Petitioner: Sri Mohannair Rajeev Kumar Counsel for the Respondent: Sri Kotha Naga Surya Rao The Court made the following: 1 0 JUSTICE V. GOPALA KRISHNA RAO Migr.FI I ANEOI'° P-^TiTinM No.205 of 2025 THE HON’BLE SRI transfer CIVIL ORDER: present petition under Section 24 of ‘the C.P.C.’) seeking for the file of the Senior Civil Judge, to the file of the , Krishna District, for trial. The petitioner/wife herein filed the Procedure, 1908, (for short the Code of Civil withdrawal of H.M.O.P.No.107 of 2024 on Godavari District and transfer the same Narsapur, West Additional District & Sessions Judge, Vijayawada IV The case of the petitioner in brief is as follows; 1. The petitioner is the legally and the marriage of the petitioner 02.04.2016, in the presence 2. wedded wife of the respondent with the respondent was of family solemnized on relatives of both the parties, as per the Hindu Rites in Edepalli Village, Machilipatnam, wedlock period members. and Caste Customs, in the During their respondent/husband were blessed with District. Krishna petitioner/wife and the children aged about 7 and 6 years respectively. Later two (02) matrimonial disputes between both the spouses, residing separately along with her at Vijayawada, Krishna due to the the petitioner/wife has been children at her parents’ house two District. VGKR, J Tr. C. M. P. No.205 of 2025 Dated 16.09.2025 2 The petitioner/wife further pleaded that to cause inconvenience to her, the respondent/husband herein had filed H.M.O.P.No.107 of 2024 on the file of the Senior Civil Judge, West Godavari District, under Section Narsapur 13(1)(i)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is pending for adjudication. The petitioner/wife further pleaded that, she being a residing separately along with her two children and depending upon the mercy of her parents at Vijayawada, Krishna District, it is very difficult for her to travel which is situated at a distance of more than 140Kms from Vijayawada to Narsapur to attend the divorce case proceedings on each and every adjournment without any male assistance and that she is constrained to file the present petition, seeking for withdrawal of H.M.O.P.No.107 of 2024 on the file of the Senior Civil Judge, Narsapur, West Godavari District and transfer the the file of the IV Additional District & Sessions Judge, Vijayawada, Krishna District. 3. Learned counsel for the respondent would contend that, there are tenable grounds in the affidavit filed by the petitioner and the present Transfer Civil Miscellaneous Petition may be dismissed. woman same to no VGKR, J Tr. C. M. P. No.205 of 2025 Dated 16.09.2025 3 Heard learned counsel appearing on both sides on record. 4. Perused the material available on record. The material on record prima facie goes to show that, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her two (02) children at her parents house at Vijayawada and the respondent/husband herein had filed a case against the petitioner/wife herein i.e., H.M.O.P.No.107 of 2024 on the file of the Senior Civil Judge, Narsapur, West Godavari District, under Section 13(1)(i)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is pending for adjudication. The Apex Court in a case of N.C.V. AISHWARYA VS A.S. SARAVANA KARTHIK SHA\ held as follows: 5. 6. 7. “9. The cardinal principles 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 their livelihood and under whose protective umbrella they are economic out seeking their sustenance to life. Given the prevailing socio paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.” ^ 2022 LiveLaw (SC) 627 VGKR, J Tr. C. M. P. No.205 of 2025 Dated 16.09.2025 4 8. On considering the submissions made by the learned appearing on both sides and in view of the ratio laid down by the aforesaid case law and on considering the facts and circumstances of the I am of the considered view that in matrimonial proceedings, the 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 grounds to consider the request made by the petitioner/wife herein for withdrawal of H.M.O.P.No.107 of 2024 Narsapur, West Godavari District and transfer the Principal Family Court, Vijayawada, Krishna District. 9. In the result, the Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.107 of 2024 on the file of the Senior Civil Judge, Narsapur, West Godavari District, is hereby withdrawn and transferred to the file of Principal Family Court, Vijayawada, Krishna District. The learned Senior Civil Judge, Narsapur, West Godavari District, shall transmit the entire case record in H.M.O.P.No.107 of 2024, to the file of the Principal Family Court, Vijayawada, Krishna District, duly indexed as expeditiously as possible preferably within a period of one (01) week from the date of receipt of a copy of the order. Both the parties are hereby directed to appear before the Principal Family Court, Vijayawada, Krishna District, on 27.10.2025, at 10.30 a.m. There shall be no order as to costs. —™ counsel present case. convenience are justifiable seeking on the file of the Senior Civil Judge, same to the file of the the ■ - 19 % V6KR, J Tr.C.M.P.No.205 of 2025 Dated 16.09.2025 5 As a sequel, miscellaneous petitions, if any pending and the interim order granted earlier, if any, shall stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// Q/ SECTION OFFICER To, 1. The Judge, Principal Family Court, Vijayawada, Krishna District. 2. The Civil Judge (Senior Division), Narsapur, West Godavari District. 3. Komara Sai Pranathi, W/o.Komara Pavan Kumar, Occ; Private Employee, Currently residing at D.No.20-3/2-2A, Ramalayam Street, Near Surya Public School, Ayodhya Nagar, Vijayawada - 520 003, N.T.R. District, Andhra Pradesh. 4. Komdrd Pavan Kumar @ Naga Venkata Pavan Kumar, S/o.Komara Durga Rao, Occ:Private Employee, R/o.D.No.5-6-59/32, Rajiv Sharma Nagar, Sowmya Theatre Backside, Vijayawada - 520001, N.T.R. District, Andhra Pradesh. 5. One CC to Sri Mohannair Rajeev Kumar, Advocate [OPUC] 6. One CC to Sri Kotha Naga Surya Rao, Advocate [OPUC] 7. Two CD Copies BSV sree A HIGH COURT DATED:16/09/2025 ORDER TRCMP NO. 205 OF 2025 ^^^AND/y^ I 2 3SFP2075 Curreni becuon m ALLOWING THE TR.CMP WITHOUT COSTS