IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR, //>- FRIDAY, THE TWENTY FIRST DAY OF MARCH^ TWO THOUSAND AND TWENTY FIVE V •" li,-: PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 12 OF 2Q2fi Between; Aarthi Bhattad, W/o. Manish Bhattad, aged about 38 years, House Wife, R/o. D.No.24-3-16, Flat No.C-1, Sreemakurthy Apartments, Temple Street, Near Vikas Junior College, Kakinada - 533001, East Godavari District. ...Petitioner/Respondent AND Manish Kumar Bhattad, S/o. Domodar Bhattad, Aged about 40 Business, R/o. D. No 59-8-1/1, Bhashyam School Road, Gayatri Nagar, Vijayawada-520008, Krishna District. years. ...Respondent/Petitioner 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 the FCOP (GWOP) No. 1113 of 2024 from the Hon'ble Court of XIV Additional District Judge - Cum - Family Court Judge, Vijayawada, Krishna District to the file of the Family Court Judge, Kakinada, East Godavari District for trial and dispose of the accordance with law. same in lA NO: 1 OF 202fi 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 order stay of all further proceedings in FCOP (GWOP) No. 1113 of 2024 from the Hon’ble Court of XIV Additional District Judge - Family Court Judge, Vijayawada, Krishna District, pending disposal Transfer Civil Miscellaneous Petition. Counsel for the Petitioner: Sri Y.S. Vijaya Pratap Counsel for the Respondent: Smt. Chukka Harika The Court made the following: cum - of the 7 / THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No 12 of 2025 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw F.C.O.P.(GWOP)No.1113 of 2024, on the file of the XIV Additional District Judge-Cum-Family Court, Vijayawada, Krishna District and transfer the same to the Family Court-Cum- Additional District Court, Kakinada, East Godavari District. 2. The case of the petitioner in brief is as follows: The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Vijayawada on 30.05.2010 as per Hindu rites and customs. During their wedlock, the petitioner and the respondent were blessed with two children aged about 12 years and 7 years respectively. In view of the matrimonial disputes between both the parties, the petitioner/wife along with her children are staying at her parents house at Kakinada, East Godavari District. The petitioner pleaded that she filed a Maintenance Case vide M.C.No.161 of 2024, on the file of the III Additional Judicial Magistrate of First Class, Kakinada and a Domestic Violence Case on the file of the Judicial Magistrate of 1®‘ Class, Kakinada, East Godavari District and the same 2 are pending for adjudication, inconvenience to her, the The petitioner contend that to O.P.No.1113 of District Judge-Cum-Family Court, Guardians & ca respondent/husband filed F.C 2024, on the file of the XIV Additional Vijayawada, Krishna District under Sections 7 to 10 of the Wards Act, seeking custody of the children, petitioner further contended that II- Learned counsel for the the petitioner years and 7 years being a woman having two children aged about 12 respectively, depending upon her parents, it i travel at a distance of IS very difficult for her to more than 200Kms from Kakinada to Vijayawada was constrained to file the without any male present petition against the F.C.O.P.(GWOP)No.1113 support and that she respondent/husband seeking to withdraw of 2024, on the file of the XIV Additional Court, Vijayawada, District Judge-Cum-Family transfer the Krishna District District Court, and same to the Family Court-Cum-Additional Kakinada, East Godavari District. 3- The respondent has filed mentioned in the transfer counter-affidavit by denying the allegation^ petitioner/wife. The petition filed by the respondent/husband contends that there are no merits in the application filed the present transfer civil by the petitioner/wife and requested to dismiss miscellaneous petition. / 3 4. Heard Sri Y.S.Vijaya Pratap, learned counsel for the petitioner and Ms.Lhukka Hafika, lecirned counsel for the respondent. Perused the material available on record. /\s seen from the counter affidavit filed by the respondent/husband, it is contended by the respondent that there is no truth in the allegations mentioned by the petitioner/wife in her affidavit and on the other hand the respordenty'husband had also laid some allegations against the petitioner/wife in the counter affidavit filed by him. As the present transfer civil miscellaneous petition is filed by the petitioner under Section 24 of the Code of Civil Procedure, 1908 seeking to withdraw F.C.O.P.(GWOP)No.1113 of 2024 the file of the ,XIV Additional District Judge-Cum-Family Court, Vijayawada, Krishna District and transfer the same to the Family Court-Cum-Additional Districl Court, Kakinada, East Godavari District. But, at this stage, this Court is not inclined to look into the merits and demerits of the case, which is pending before the Court below. 5. on The material on record prima facie goes to show that the petitioner/wife had institute^d a Maintenance Case wde M.C.No.161 of 2024 and a Domestic Violence Case before competent Courts at Kakinada and the respordenty'husband is also attending the Court proceedings in the aforesaid cases. The respondent/husband has filed F.C.O.P.No.1113 of 2024, on the file of the XIV Additional District Judge-Cum-Family Court, Vijayawada, Krishna District, under Sections 7 to 10 of the Guardians & Wards Act ! peeking custody of the children. 6. 4 7. The Apex Court i Karthik Sha^ held as follows; in a case of N.C.V. Alshwai-ya Vs A.S.Saravana “9. The cardinal or! principle for exercise of power under Section 24 of the demand the transfer matters, wherever the Courts have to parties, the social their standard of life prior and the circumstances of both the umbrella they economic s convenience which \ Code of Civil Procedure i. ts that the ends ofjustice shoulo of the suit, Courts are called appeal or other proceeding. In matrimonial f^nsfer take into consideration the economic soundness of both the their behavioural pattern, strata of the spouses and to the marriage and subsequent thereto parties in eking out their livelihood and under whose protective to life. Given the seeking their sustenance paradigm in the Indian are prevailing socio society, generally, it is the wife’s must be looked at while considering transfer. 8. On considering the submissions made by the learned Pamioner and in view of the ratio iaid down in the aforesaid counsel for the case law that in considered Therefore, this Court Is of the matrimonial proceedings, the convenience of the wife has to be than that of the i'"convenience of the husband, are grounds to considered view that there consider the O.P.(GWOP)No.1113 of 2024, -Cum-Famiiy Court, Vijayawada request of the on the file; of the Krishna District District Judge Court, Kakinad. petitioner/wife to withdraw F.C. XIV Additional District Judge and transfer the Godavari District. same to the III Additional a, East 09. In the result, FC.O.P.(GWOP)No.1113 the present petition allowed on the file of the XIV Additional IS and of 2024 District I \ 2022 LiveLaw (SC) 627 / 5 Judge-Cum-Family Court, Vijayawada, Krishna District, is hereby withdrawn and transferred to the III Additional District Judge Court, Kakinada, East Godavari District. The XiV Additional District Judge-Cum-Family Court, Vijaya>vada, Krishna District shall transmit the case record in F.C.O.P.(GWOP)No.Tl 13 of 2024 to the III Additional District Judge Court, Kakinada, East Godavari District duly indexed as expeditiously as possible prejferably vi/ithin a period of two (02) weeks from the date of receipt of a copy of the ordei Both Lhe parties are directed to appear before the ill Additional District: Judge Court, East Godavari District on 07.05.2025 at 10.30 a.m. 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. I Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// S OFFICER 1. The XIV Additional District Judge - Cum - Family Court Judge: Vijayawada, Krishna District. 2. The III Additional District Judge, Kakinada, East Godavari District. 3. The III Additional Judicial First Class Magistrate, Kakinada, East Godavari District. 4. Aarthi Bhattad, W/o. Manish Bhattad, aged about 38 years, House Wife, R/o. D.No.24-3-16, Flat No C-1, Sreemakurthy Apartments, Temple Street, Near Vikas Junior College, Kakinada - 533001, East Godavari District. 5. Manish Kumar Bhattad, S/o. Domodar Bhattad, Aged about 40 years, Business, R/o. D. No 59-8-1/1, Bhashyam School Road, Gayatri Nagar, Vijayawada-520008, Krishna District. 6. One CC to Sri Y.S.Vijaya Pratap, Advocate [OPUC] 7. One CC to Smt. Chukka Harika, Advocate [OPUC] 8. Three CD Copies To. HIGH COURT DATED:21/03/2025 \ ORDER TRCMP.No.12 of 2025 = 0 3 *f» I . Current Section ALLOWING THE TRCMP