APHC010358872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 232/2025 Between: Tanniru Lavanya ...PETITIONER AND Podila Rama Rao ...RESPONDENT Counsel for the Petitioner: 1. CHALLA HRUDAY RAJ Counsel for the Respondent: 1. M P V N V SASTRI The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.232 of 2025 ORDER: The petitioner/wife had filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw D.O.P.No.26 of 2024, on the file of the Principal District and Sessions Judge, Eluru, West Godavari District and transfer the same to the Principal District Court at Ongole. 2. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent/husband and their marriage has been performed at Eluru on 27.01.2022, as per Christian rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife along with her daughter aged about 2 years are staying at her parents’ house at SingarayaKonda Mandal, Prakasam District. The petitioner pleaded that she had lodged a complaint before the Singarayakonda Police Station, Prakasam District vide FIR.No.56 of 2024 and the same was numbered as C.C.No.1419 of 2024, on the file of the Principal Junior Civil Judge Court at Kandukur and the same is pending for adjudication. The petitioner further pleaded that she had filed a Maintenance Case vide M.C.No.38 of 2024 and a Domestic Violence Case vide D.V.C.No.23 of 2024, on the file of the Additional Judicial First Class Magistrate Court at Kandukur and the respondent/husband is attending Court proceedings before the competent Courts at Kandukur. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner/wife, the respondent/husband filed D.O.P.No.26 of 2024, on the file of the Principal District and Sessions Judge, Eluru, West Godavari District, under Order VI Rule 14(A) of the Code of Civil Procedure, 1908, seeking for dissolution of marriage. II. Learned counsel for the petitioner would contend that the petitioner being a woman, having a daughter aged about 2 years and depending upon the mercy of her parents, it is very difficult for her to travel at a distance of approximately more than 240 Kms from Singarayakonda to Eluru for attending the divorce case proceedings before the learned Principal District and Sessions Judge, Eluru, West Godavari District, on each and every date of adjournment, without any male support and that the petitioner is constrained to file the present petition against the respondent/husband seeking to withdraw D.O.P.No.26 of 2024, on the file of the Principal District and Sessions Judge, Eluru, West Godavari District and transfer the same to the Principal District Court at Ongole. 3. Respondent has filed a counter affidavit by denying the allegations made by the petitioner in the transfer petition. Learned counsel for the respondent would contend that there are no grounds to consider the request of the petitioner seeking to transfer the case in D.O.P.No.26 of 2024 from the learned Principal District and Sessions Judge, Eluru, West Godavari District to the Principal District Court, Ongole and requested to dismiss the present transfer civil miscellaneous petition. 4. Heard Ms. Tanniru Lavanya, learned counsel for the petitioner and Sri M.P.V.N.V.Sastry, learned counsel for the respondent. 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 her daughter aged about 2 years are staying at her parents’ house at Singarayakonda Mandal, Prakasam District and she had filed a Criminal Case vide FIR.No.56 of 2024 against the respondent/husband and the same was numbered as C.C.No.1419 of 2024, on the file of the Principal Junior Civil Judge Court at Kandukur. Further, the petitioner had filed a Maintenance Case vide M.C.No.38 of 2024 and a Domestic Violence Case vide D.V.C.No.23 of 2024, on the file of the Additional Judicial First Class Magistrate Court at Kandukur. Learned counsel appearing for both sides on record has represented that all the aforesaid three cases are pending before the Judicial Magistrate of First Class, Singarayakonda. The respondent/husband had filed D.O.P.No.26 of 2024, on the file of the Principal District and Sessions Judge, Eluru, West Godavari District, under Order VI Rule 14(A) of the Code of Civil Procedure, 1908, seeking for dissolution of marriage. 6. In general, in matrimonial proceedings, the convenience of the wife has to be considered than that of the inconvenience of the husband. During the course of the argument, learned counsel appearing for both sides has represented that the case in D.O.P.No.26 of 2024, on the file of the Principal District and Sessions Judge, Eluru, West Godavari District, was listed for the cross-examination of the petitioner/P.W.1 i.e., the respondent in the present petition. Therefore, it clearly shows that the enquiry in D.O.P.No.26 of 2024 has been commenced before the learned Principal District and Sessions Judge, Eluru, West Godavari District. Admittedly, no other cases are pending in between both the parties at Ongole. In that view of the matter, instead of transferring the case in D.O.P.No.26 of 2024, from the learned Principal District and Sessions Judge, Eluru, West Godavari District to the Principal District Court, Ongole, this Court is inclined to dispose of the present transfer civil miscellaneous petition by giving directions to the learned Principal District and Sessions Judge, Eluru, West Godavari District:- I. The learned Principal District and Sessions Judge, Eluru, West Godavari District is directed not to insist the appearance of the petitioner herein i.e, the respondent in D.O.P.No.26 of 2024, as long as her counsel is attending the Court proceedings and representing the case except on the day when her cross- examination is required to be recorded or on any other day when her personal appearance is required as directed by the learned Principal District and Sessions Judge, Eluru, West Godavari District. II. The learned Principal District and Sessions Judge, Eluru, West Godavari District, is further directed to dispose of the case in D.O.P.No.26 of 2024, within a period of two (02) months from the date of receipt of copy of the order. III. The Registrar Judicial, High Court of Andhra Pradesh, Amaravati, is hereby directed to communicate the order passed by this Court to the concerned Principal District and Sessions Judge Court through e-mail forthwith. 7. With these observations, the present Transfer Civil Miscellaneous Petition is disposed of. 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. _______________________________ JUSTICE V.GOPALA KRISHNA RAO Date: 24.09.2025 SRT 17 THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.232 of 2025 Dt. 24.09.2025 SRT