4 IN THE HIGH COURT OF ANDHRA PRADESH a«* a /-\l¥IMr\MVM I WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE i;j''1 PRESENT Iu 'iV HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO JRANSFER CIVIL MISCELLANEOUS PETITION NO: 286 OF 2024 Between: ,# B. Meghana, W/o Thota Manoj Kamar, D/o B.Mural years, Occ- House wife, R/o.D.N6.407, 4rt floor, f Estate, 0pp. Amrutha hospital, Kurrioof City, Kurnool Mohan, aged about 23 Near Model Towers, Gayathri District. ...Petitioner / Respondent AND Thota Manoj Kumar, S/o T.Madhusudhan Rao, aged about 29 Years, Occ- Production Manager, Live-in Modular Furniture (Manufacturing Unit) Hyderabad, R/o,H.No.4/410C Mandal- 516115, Annamayya District. at Gaddi Street, Rajampeta Town Post and ...Respondents / Petitioner Petition Under Section 24 of the C.P.C. is filed Praying that in the circumstances stated in the affidavit filed therewith pleased to withdraw the H.M.O.P.66/2024 the High Court may be from the file of Principal Civil Judge (Senior Division), Rajampet, Annamayya (YSR Kadapa) District and transfer the same to the file of Principal Civil Judge (Senior Division) Kurnool or any other competent court at Kurnool. lA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings including appearance of the petitioner in H.M.O.P.66 of 2024, on the file of Principal Civil Judge (Senior Division), Rajampet, Annamayya (YSR Kadapa) District. Counsel for the Petitioner: SRI. Y JAYA RAJU Counsel for the Respondent: SRI. N SAI PHANINDRA KUMAR The Court made the following: r the HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO transfer Civil MISCELLANEO' PFTITIQN No.286 of 2024 ORDER: filed the present petition under Section 24 of the to withdraw the H.M.O.P.No.66 of The petitioner/wife Code of Civil Procedure, 1908, seeking 2024 on the file of the District, and transfer the same to Principal Senior Civil Judge, Rajampet, Annamayya the file of the Principal Senior Civil Judge, Kurnool, for trial. . The case of the petitioner in brief is as follows; 2. wedded wife of the respondent and the The petitioner is the legally I. with the respondent was performed on Hindu Rites and marriage of the petitioner 12.02.2023 at Rajampet, Annamayya District, as per matrimonial disputes between both the Caste Customs. In view of the spouses; the petitioner/wife has Kurnool. The petitioner/wife further pleaded to cause the respondent/husband has filed Principal Senior Civil Judge 9 of Hindu Marriage Act, 1955 been residing at her parents' house at inconvenience to her, H.M.O.P.No.66 of 2024 on the file of the Rajampet, Annamayya District, under Section seeking restitution of conjugal rights and the same is pending for adjudication. 3. Learned counsel for the petitioner further contended that the petitioner residing at her parents’ house at Kurnool, it is distance of more than 200 Kms being a woman has been very difficult for her to travel which is at a Tr.C.M.P.No.286of 2024 from Kurnool to Rajampet to attend the case proceedings on each and ' every adjournment before the said Court at Rajampet without any male support and that she was constrained to file the present Transfer Civil Miscellaneous Petition seeking withdrawal of the H.M.O.P.No.66 of 2024 the file of the Principal Senior Civil Judge, Rajampet, Annamayya District, and transfer the same to the file of the Principal Senior Civil Judge, Kurnool. on 4. Heard learned counsel for the petitioner and learned counsel for the respondent. Learned counsel for the respondent seriously contended that, there no valid grounds to consider the request made by the petitioner/wife herein. 5. are 6. Perused the material available on record. 7. The material on record prima facie goes to show that, in view of the matrimonial disputes between both the spouses; the petitioner/wife is staying separately at her parents’ house at Kurnool. The material on record further reveals that that the respondent/husband has filed H.M.O.P.No.66 of 2024 the file of the Principal Senior Civil Judge, Rajampet, Annamayya District. The contention of the learned counsel for the petitioner is that, the petitioner/wife has been residing separately at her parents’ house at Kurnool and the distance between Kurnool and Rajampet is more than 200 kms, since the petitioner being a woman and depending upon her parents, it is very difficult for her to travel from Kurnool to Rajampet to attend the case proceedings on 3 VGKR, J Tr.C.M.P.No.286of2024 which was filed by the respondent/husband herein without any male support, and that she was constrained to file the present transfer petition. 8. The Hon’ble 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 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. ” On considering the submissions made by the learned counsel appearing for both sides and in view of the ratio laid down in the aforesaid 9. case law 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 to withdraw the H.M.O.P.No.66 of 2024 on the file of the Principal Senior Civil Judge, ^ 2022 LIveLaw (SC) 627 4 VGKR, J Tr.C.M.P.No.286of 2024 A.. lAdjai I i|jct, /-VI I riSQtripf CjnH tKo ooma +r> +hd liiW/^d L«/IOLIIOL Cll 1^^ IICIIIOIOI II I OC4I I i\^ ^.V,/ LI iv.^ <./v4Vi^w Pomilv/ ■ } 3m3yy3 Court 3t Kurnool. On considering the submissions mode by the lesrned counsel for respondent, since the respondent/husbsnd hss been residing at Hyderabed and working as a Software Engineer at Hyderabad, therefore, the personal appearance of the respondent herein i.e., the petitioner in H.M.O.P.No.66 of 2024 on the file of the Principal Senior Civil Judge Rajampet, has been dispensed with before the transferee Court i.e.. Judge Family Court at Kurnool, “except on the days when his personal appearance is required as per law”, before the said Court. 10. In the result, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.66 of 2024 on the file of the Principal Senior Civil Judge, Rajampet, Annamayya District, is hereby withdrawn and transferred to the Judge, Family Court at Kurnool. The learned Principal Senior Civil Judge, Rajampet, Annamayya District, shall transmit the case record in H.M.O.P.No.66 of 2024 to 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. Furthermore, the personal appearance of the respondent herein i.e., the petitioner in H.M.O.P.No.66 of 2024, has been dispensed with, before the transferee Court i.e.. Judge Family Court at Kurnool, “except on the days when his presence is required as per law”. Both the parties are directed to appear before the Judge, Family r 5 VGKR, J Tr.C.M.P.No.286 of 2024 Court at Kurnooi, on i2.03.202b, 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 stahd closed. SD/- B CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTON OFFICER To The Principal Senior Civil Judge, Rajampet, Annamayya District. 1. The Judge, Family Court, Kurnooi. W/o Thota Manoj Kumar, D/o B.Mural Mohan, aged about 2. B. Meghana 23 years, Occ- House wife, R/o.D.No.407, 4rt floor. Near Model Towers, Gayathri Estate, 0pp. Amrutha hospital, Kurnooi City, Kurnooi District. Thota Manoj Kumar, S/o T.Madhusudhan Rao, aged about 29 Years, Occ- Production Manager, Live-in Modular Furniture (Manufacturing 3. 4. at Hyderabad, R/o.H.No.4/410C, Gaddi Street, Rajampeta Town Unit), Post and Mandal- 516115, Annamayya District. 5. One CC to Sri. Y Jaya Raju Advocate [OPUC] 6. One CC to Sri. N Sai Phanindra Kumar Advocate [OPUC] 7. Three CD Copies PR sree nion I Both the parties are directed to appear before the judge, family court at Kurnool on 12.03.2025 at 10:30 a.m. DATE 0:22/01/2025 ORDER TRCMP.No.286 of 2024 ill 3 1 JAN 2025 .\C> Current Section ALLOWING THE TR.C.M.P. WITHOUT COSTS