APHC010353542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI F 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: 209 OF 2025 Between: Palla Shanthi Kiran, W/o.Masapu Hari Kishan, D/o.Palla Achanna aged 37 years. 76/97-SKDN-17-1, Opp.Radio Station, Peddapadu Road Kurnool District. Sri Krishnadevaraya Nagar, Kurnool, PO:Sap Camp-knl, ...Petitioner/Respondent AND Masapu Hari Kishan, S/o.Late Umamaheswara Rao, aged 41 Software Employee, Residing at Flat No.201, Amma Residency, Murali Nagar, Madhavadhara, Visakhapatnam. years. ...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 the F.C.O.P No.567 of 2025 pending before the Judge, Family Court-Cum-V Additional District Judge, Visakhapatnam and to transfer the same to Family Court at Kurnool. 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 grant stay of all further proceedings in F.C.O.P No.567 of 2025 on District Judge, the file of the Judge, Family Court-Cum-V Additional Visakhapatnam, pending disposal of the above Tr.CMP. Counsel for the Petitioner: Sri Seelam Krishna Reddy Counsel for the Respondent: None appeared The Court made the following: THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO transfer Civil MISCELLANEOUS PETITION No.209 of 2025 ORDER: has been taken up for hearing, Sri S. Krishna Today, when the matter Reddy, learned counsel for the petitioner has submitted that, proof of service field before the Registry, dated 15.09.2025, along with the Memo has been Consignment Sheet downloaded from the Postal Department the record. As per the Postal Track registered notice sent to the learned counsel on was Postal Track Website and the same is placed on Consignment Sheet, the record appearing for the respondent before the trial Court and the same served on him on 02.09.2025. Despite service of notice, there is no behalf of respondent. Therefore, ‘service held sufficient’. representation on herein filed the present petition under Section 24 of The petitioner/wife the Code of Civil Procedure. 1908, (for short ‘the C.P.C.') seeking for 2. withdrawal of F.C.O.P.No.567 of 2025 on the file of the Judge Family Court- District Judge, Visakhapatnam and transfer the same to the cum-V Additional file of the Judge, Family Court at Kurnool, for trial. 3. The case of the petitioner in brief is as follows; legally wedded wife of the The petitioner is respondent/husband and in view of the matrimonial disputes between both the spouses; the petitioner/wife has been 2 VGKR, J Tr.C.M.P.No.209 of 2025 Dated 16.09.2025 residing separately and depending parents at Kurnool, Kurnool District. The petitioner/wife further Maintenance Case vide F.C.M.C. upon the mercy of her pleaded that, she filed a No.1 of 2025 on the file of the IV Additional District Judge-cum-Family Court, Kurnool, seeking monthly maintenance from the respondent/husband and also filed a Domestic Violence Case vide D.V.C.No.56 of 2025 on the file of the Special Judicial Magistrate of First Cases, Kurnool and the are pending for adjudication against the Class for Prohibition & Excise aforesaid cases respondent/husband. Learned counsel for the petitioner would further that to cause inconvenience and to harass the respondent/husband herein had filed contend the petitioner/wife F.C.O.P.No.567 of 2025 on the file of the Judge Family Court-cum-V Additional District Judge, Visakhapatnam, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. Learned counsel for the IV. petitioner would further contended that the petitioner being residing separately and depending parent^, at Kurnool, the distance between a woman, has been upon the mercy of her Kurnool and 1 VGKRj J Tr C.M.P No.209 of 2025 Dated 16.09.2025 3 difficult for her before the Visakhapatnam is more than TOOKms, it is very proceedings assistance and that attend the divorce case without any male to travel to Court at Visakhapatnam constrained to file the present petition against the withdrawal of she was herein, seeking for respondent/husband of 2025 on the file of the Judge Family Court- F C.O.P.No.567 Additionai District Judge, Visakhapatnam Family Court at Kurnool. and transfer cum-V the file of the Judge the same to learned counsel for the petitioner. 4, Heard Sri S. Krishna Reddy 5, Though registered notice respondent before the. ppeared for the respondent material available on record. record learned counsel on sent to the trial Court and the same was served appearing for the on him, none a ice held sufficient. Therefore, ‘service Perused the The material on 6. to shows that, in view of the has been parents at Kurnool herein i.e., of the IV Additional record prima facie goes both the spouses, the petitioner/wife 7. matrimonial disputes between separately and depending upon the mercy of her residing cases against the respondent/husband and she has instituted two Case of 2025 on the file ina monthly maintenance from vide F.C.M.C.No.1 Maintenance District Judge-cum- the respondent/husband file Qf the Special Family Court, Kurnool, seeking Case vide D.V.C.No.56 of 2025 for Prohibition & & Domestic Violence Judicial Magistrate of First Class ort ^ 4 VGKR, J Tr.CMP.No.209 of 2025 Dated 16.09.2025 Excise Cases, Kurnool and the said two (02) cases are pending for adjudication and the respondent/husband herein also attending the Court proceedings before the competent Courts at Kurnool. The material on record further discloses that, the respondent/husband had filed F.C.O.P.No.567 of 2025 on the file of the Judge Family Court-cum-V Additional District Judge, Visakhapatnam, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. 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; “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 spousesand 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 8. 9. ^{2000) 10 see 304 " 2022 LiveLaw (SC) 627 5 VGKR, J Tr. C.M.P. No. 209 of 2025 Dated 16.09.2025 Y 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 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 made by the petitioner/wife seeking for withdrawal of F.C.O.P.No.567 of 2025 on the file of the Judge Family Court-cum-V Additional District Judge, Visakhapatnam and transfer the same to the file of the Judge, Family Court at Kurnool. 10. In the result, the present Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.567 of 2025 on the file of the Judge Family Court-cum-V Additional District Judge, Visakhapatnam, is hereby withdrawn and transferred to the file of the Judge, Family Court at Kurnool. The learned Judge Family Court-cum-V Additional District Judge, Visakhapatnam, shall transmit the case record in F.C.O.P.No.567 of 2025, to the file of the Judge, Family Court at Kurnool, duly indexed as expeditiously as possible, preferably within a period of two (02) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 11. 6 VGKR, J Tr.CMP.No.209 of 2025 Dated 16.09.2025 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// SECTIO^FFICER To, 1. The Judge, Family Court-cum-V Additional District Judge, Visakhapatnam, Visakhapatnam District. 2. The Judge, Family Court, Kurnool, Kurnool District. 3. Palla Shanthi Kiran, W/o.Masapu Hah Kishan, D/o.Palla Achanna, 76/97-SKDN-17-1, Sri Krishnadevaraya Nagar, Opp.Radio Station, Peddapadu Road, Kurnool, PO:Sap Camp-knl, Kurnool District. 4. Masapu Hari Kishan, S/o.Late Umamaheswara Rao, Software Employee, Residing at Flat No.201, Amma Residency, Murali Nagar, Madhavadhara, Visakhapatnam. 5. One CO to Sri Seelam Krishna Reddy, Advocate [OPUC] 6. Two CD Copies BSV sree Llil HIGH COURT DATED:16/09/2025 ORDER TRCMP NO. 209 OF 2025 I g 2 3 SFP 2025 S)' Current Section ALLOWING THE TR.CMP WITHOUT COSTS