APHC010363632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 224 OF 2025 Between: M.Kasi Divya Surekha, W/o.M.Bhanu Prakash, D/o.Kasi Mohan Rao, aged about 30 years, R/o.Near Head Post Office, Avanigadda, Krishna District-521 121. ...Petitioner AND Marthi @ Bhanu Prakash, S/o.Venkateswara Rao, aged about 33 years, Employee in Postal Department, Vijayawada, R/o.D.No.26-35-131/1, 16**^ Line, Near SKBM School, A.T.Agraharam, Guntur, Guntur District. ...Respondent 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 F.C.O.P.No.789 of 2023 pending on the file of the Court - of the Judge, Family Court, Guntur, Guntur District and transfer the same to ■ ■ 9. the Court of Principal Senior Civil Judge Court at Avanigadda, Krishna District to try and dispose off on merits. 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 including presence of the petitioner in F.C.O.P.No.789 of 2023 pending on the file of the Court of the Judge, Family Court, Guntur, Guntur District, pending disposal of the above Transfer C.M.P. in this Flon’ble Court. Counsel for the Petitioner: Sri Sai Gangadhar Chamarty 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.224 of 2025 ORDER: Today when the matter is taken up for hearing, Sri Sai Gangadhar Chamarthy, learned counsel for the petitioner has represented that the proof of service memo dated 06.08.2025, along with the acknowledgment card is filed before the Registry and the same is placed on the record. As per the acknowledgment card, the registered notice sent to the respondent was served on him. Therefore, service held sufficient. None appeared for the respondent. The petitioner/wife filed the present petition under Section 24 of 2. the Code of Civil Procedure, 1908, seeking to withdraw F.C.O.P.No.789 of 2023, on the file of the Judge, Family Court Guntur, Guntur District and transfer the same to the Principal Senior Civil Judge Court at Avanigadda, Krishna District. The case of the petitioner in brief is as follows; 3. The petitioner is the legally wedded wife of the respondent and I. • » their marriage has been performed at Avanigadda on 02.07.2021, as per Hindu rites and customs. In view of the matrimonial disputes between both the parties the 2 petitioner/wife along with her daughter aged about 3 years staying at her parents’ house at Avanigadda, Krishna District and depending upon the mercy of her parents. The petitioner pleaded that she had lodged a complaint before Avanigadda Police Station, Krishna District under Section 498-A IPC vide FIR.No.113 of 2024 against the respondent/husband and the same is pending for investigation. The petitioner further pleaded that she had filed a Maintenance Case vide M.C.No.01 of 2025, on the file of the Judicial First Class Magistrate, Avanigadda and the respondent/husband is attending the Court: proceedings before the competent Court at Avanigadda. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband filed F.C.O.P.No.789 of 2023, on the file of the Judge, Family Court, Guntur, Guntur District, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage. II. Learned counsel for the petitioner further contended that the petitioner being a woman having a daughter aged about 3 years, depending upon the mercy of her parents, it is very difficult for the petitioner/wife to attend the Court proceedings before the learned Judge, Family Court, Guntur, Guntur District, without are 3 any male support and that she was constrained to file the present petition against the respondent/husband seeking to withdraw F.C.O.P.No.789 of 2023, on the file of the Judge, Family Court, Guntur, Guntur District and transfer the same to the Principal Senior Civil Judge Court at Avanigadda, Krishna District. Heard Sri Sai Gangadhar Chamarthy, learned counsel for the petitioner. Though registered notice sent to the respondent was served on him, none appeared for the respondent. Therefore, service held sufficient. Perused the material available on record. 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 3 years are staying at her parents house at Avanigadda, Krishna District and she had filed a Criminal Case vide FIR.Mo.113 of 2024 and the same is pending for investigation. The pe;titioner had also filed a Maintenance Case vide M.C.No.01 of 2025, on the file of the Judicial First Class Magistrate, Avanigadda. The respondent/husband has filed F.C.O.P.No.789 of 2023, on the file of the Judge, Family Court, Guntur, Guntur District under Section 13(1)(ia)(ib) seeking for dissolution of marriage. 4. 5. 4 6. The Apex Court in a case of GEETA HEIERA Vs HARISH CHANGER 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.” 7. The Apex Court in a case A.S.Saravana Karthik Sha^ held as follows: of N.C.V. Aishwarya Vs 9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends ofJustice 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 are 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.” 8. 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 •if has to be considered than that of the inconvenience of the husband. Therefore, this Court is of the considered view that there are grounds ^ (2000) 10 see 304 ‘ ^ 2022 LiveLaw (SC) 627 5 Therefore, this Court is of the considered view that there are grounds to consider the request of the petitioner/wife to withdraw F.C.O.P.No.789 of 2023, on the file of the Judge, Family Court, Guntur, Guntur District and transfer the same to the Principal Senior Civil Judge Court at Avanigadda, Krishna District. In the result, the present petition is allowed and F.C.O.P.No.789 of 2023, on the file of the Judge, Family Court, Guntur, Guntur District, is hereby withdrawn and transferred to the Senior Civil Judge Court at Avanigadda, Krishna District. The Judge, Family Court, Guntur, Guntur District, shall transmit the case record in F.C.O.P.No.789 of 2023 to the Senior Civil Judge Court at Avanigadda, Krishna District, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of the order. There shall be no order as to costs. 9. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR I //TRUE COPY// ■ ■ 9^ \ SECTION OFFICER To 1. The Judge, Family Court, Guntur, Guntur District. 2. The Civil Judge (Senior Division), Avanigadda, Krishna District. 3. M.Kasi Divya Surekha, W/o.M.Bhanu Prakash, D/o.Kasi Mohan Rao, R/o.Near Flead Post Office, Avanigadda, Krishna District-521 121. 4. Marthi @ Bhanu Prakash, S/o.Venkateswara Rao, Employee in Postal Department, Vijayawada, R/o.D.No.26-35-131/1, 16‘^ Line, Near SKBM School, A.T.Agraharam, Guntur, Guntur District. 5. One CC to Sri Sai Gangadhar Chamarty, Advocate [OPUC] 6. Two CD Copies BSV sree HIGH COURT DATED:01/09/2025 \ ORDER TRCMP NO. 224 OF 2025 ALLOWING THE TR.CWIP WITHOUT COSTS