/ APHC010360852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0E0 R .'I 0 TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HON BLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA TRANS. CIVIL MISC.PETITION NO: 241 OF 909*; RAO Petition Under Section 24 of the circumstances stated in the affidavit filed therewith C.P.C. Praying that in the the High Court may be pleased to withdraw the O.P.No,184 of 2023 on the file of VI Additional District Judge, Bapatia to Family Court Judge, Ongole to club 2023 on the file of Family Court Judge at Ongole. with F.C.M.C.No.17 of Between: Bonigala Hemalatha, @ Gunji Hemalatha Christian, Aged about 35 W/o. Bonigala Satyanandam years, C/o. H.No.52-l/2-9/4, Bekar garden Kabadi palem, Ongole, Prakasam District, Andhra Pradesh. ...Petitioner/Respondent AND Bonigala Satyanandam, S/o. Late Singaiah, Christian, Age 43 years, Pedanandipadu, Mandal Guntur R/o. Door No.4-38, Pusuluru Village District, Andhra Pradesh. .•.Respondent/Petitioner lA NO: 1 OF Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated in support of the petition, the High Court may be pleased pleased to Stay all further proceedings in O.P.No.184 of 2023 on the file of the VI Additional District Judge, Bapatia, pending disposal of main TR.CM.P. Counsel for the Petitioner: SRI KOTAIAH TIRUPATHI Counsel for the Respondent: The Court made the following order: r % the HON’BLE; SRI JUSTSCE V. GOPALA KRISHNA RAO TP^NSFER cmi. IVIISCELLANEOUS PETITION No.241 of 2025 order- Today the matter has been taken up for hearing, learned counsel for the petitioner has submitted that, proof of service Memo has been field before the Registry, dated 28.08.2025, along with the postal Track Consignment Sheet downloaded Postal Department Website 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 22.08 2025. None appeared for the respondent. Therefore, ‘service held sufficient’. The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908, (for ‘short the C.P.C.’) seeking for withdrawal of O.P.No.184 of 2023 on the file of the V! Additional District Judge, Bapatia, Guntur District and transfer the same to the file of the Judge, Family Court, Ongole, Prakasam District, to dub v/ith along 'with F.C.M.C.No.17 of 2023. 2. The case of the petitioner in brief is as follows; 3. The petitione!' is the j-0Spondent/husband and their marriage was performed on 20.12.2019, in fhj, presence of elders and relatives of both the legally wedded wife of the I. parties, as per the Christian Fiites and Caste Customs. Later, due to f^^frimonigj disputes between both the spouses, the the 2 VGKR, J Tr.C.IVi.P.No.241 of 2025 Dated 02.09.2025 petitioner/wife has been residing separately and depending upon the mercy of her parents at Ongole, Prakasam District \ II. The petitioner/wife further pleaded that, in view of the harassment made by the respondent/husband, the petitioner/wife lodge a complaint against the respondent/husband in Crime.No.76 of 2022, under Sections 498-A, 323 & 506 r/w 34 of I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Disha Women Police Station, Ongole, after completion of investigation. Police filed a charge sheet and the same was numbered vide C.C.No.2768 of 2022 on the file of the I! Additional Munisif Magistrate, Ongole, Prakasam District. The pe5titioner/wife further pleaded that she filed a Maintenance Case vide F.C.M.C.No.17 of 2023 on the file of the Judge, Family Court, Ongole, Prakasam District, under Section 125 of Cr.P.C. r/w Section 7 of the Family Courts Act, seeking monthly maintenance from the respondent/husband and she also filed a Domestic Violence Case vide D.V.C.No.32 of 2023 on the file of the fl Additional Judicial Magistrate of First Class, Ongole, Prakasam District and the aforesaid three (3) cases are pending for adjudication Learned counsel for the petitioner would further contend that to cause inconvenience her, the respondent/husbandl had filed 3 VGKR, J Tr.C.M.P.No.241 of 2025 Dated 02.09.2025 O.P.No.184 of 2023, on the file of the VI Additional District Judge, Bapatia, Guntur District, under Section 10(ix) of the Indian Divorce Act, seeking for dissolution of the marriage and the same is also pending for adjudication. IV. Learned counsel for the petitioner would further contended that, the petitioner being a woman and also residing separately and depending upon the mercy of her parents at Ongole, it is very difficult for her to travel to attend the divorce case proceedings before the Court at Bapatia, Guntur District, without any male present p etition iCo Cii iU rs (.> id-i 4. wV against the respondent/husband, seeking for withdrawal of O.P.No.184 of 2023 on the file of the VI Additional District Judge, Bapatia, and transfer the same to the file of the Judge, Family Court, Ongole, Prakasam District, to club with along with F.C.M.C.No.17 of 2023. Heard Sri T. Kotaiah, learned counsel for the petitioner. 4. Though registered notice sent to the respondent was served on him, none 5. appeared for the respondent. Therefore, ‘service held sufficient’. Perused the material available on record. 6. * , V 4 VGKR, J Tr.C.M.P.No.241 of 2025 Dated 02.09.2025 7. The material on record prima facie goes to shows that, in view of the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately and depending upon the mercy of her parents at Ongole and she has instituted three (03) cases against the respondent/husband herein i.e., C.C.No.2768 of 2022 on the file of the I! Additional Munisif Magistrate, Ongole, Prakasam District, Maintenance Case vide F.C.M.C.No.17 of 2023 on the file of the Judge, Family Court, Ongole, Prakasam District and Domestic Violence Case vide D.V.C.No.32 of 2023 on the file of the II Additional Judicial Magistrate of First Class, Ongole, Prakasam District and all the three (3) cases are pending for adjudication and the respondent/husband is also attending the Court proceedings before the competent Courts at Ongole, Prakasam District. The material on record further reveals that the respondent/husband had filed O.P.No.184 of 2023, on the file of the VI Additional District Judge, Bapatia, Guntur District, under Section 10(ix) of the Indian Divorce Act, 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.” 8. ^(2000) 10 see 304 5 VGKR, J Tr.C.M.P.No.241 of 2025 Dated 02.09.2025 jhe 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 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 seeking their sustenance to life. Given the prevailing socio- economic Hinm in t^e Indian nncietv nenera'lv it is the wife’s convenience which must be looked at while considering transfer. are On considering the submissions made by the learned counsel for the and in view of the ratio laid down in the aforesaid case laws that in 10. petitioner 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 O.P.No.184 of 2023 on the file of the VI Additional District Judge, Bapatla, Guntur District and transfer the same to the file of the Judge, Family Court, Ongole, Prakasam District. ^ 2022 LiveUW (SC) 627 6 VGKR, J ir.C.M.P.No.241 of 2025 Dated 02.09.2025 11. In the result, the present Transfer Civil Miscellaneous the O.P.No.184 of 2023 Petition is allowed and on the file of the V! Additional District Judge, Bapatia, of the Judge, Family VI Additioria] District Judge, Bapatia, Guntur District, is hereby withdrawn and transferred to the file Court, Ongole, Prakasam District. The learned Guntur District, shall transmit the the Judge, Family Court, Ongole, Prakasam as possible preferably within case record in O.P.No.184 of 2023, to the file of District, duly inde.xed a period of two (02) weeks from the date of copy of this order. There shall be no order as to costs. as expeditiously receipt of a As a sequel, miscellaneous granted earlier if petitions, if any pending and the Interim Order ^3nv/ -^4 Sd/- K SRINIVASA RAJU assistant registrar [ 'f //TRUE COPY// SECTION OFFICER To, 1- The VI Additional District Judge Bapatia (with records if any) 2. The Family Court Judge at Ongole. (with 3. One CC to Sri. Kotaiah Tirupathi, Advocate 4. The Section Officer V.R. Section Amaravathi. 5. Two C.D Copies. to Family Court Judge Ongole. records if any) - [OPUC] High Court of Andhra Pradesh at Ssl sree 4 HIGH COURT DATED:02/09/2025 ORDER TR.CMP.NO. 241 OF 2025 12 SEP 2025 o allowing the TR.C.M.P. WITHOUT COSTS