APHC010379772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 050 0i TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 233 OF 2025 BETWEEN: Smt. Kalavala Venkata Naga Lakshmi Bharathi, W/o. Sridhara Surendra Babu, Aged about 44 years, R/o. Flat No. 502, 6*^ Floor, GK Sridevi Nest Partments, Opp: SMNR Function Hall Lane, Mallampet, Ranga Reddy District - 500 090. ...Petitioner/Respondent AND Sridhara Surendra Babu, S/o. Sridhara Subramanyam, Aged about 47 years R/o. Flat No. G4, Avenue Apartments, Vanamthopu Veedhi No.3, Vanamthopu Circle, Nellore. Near ...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the High Court may be pleased to withdraw F.C.O.P.No.19 of 2023 on the file of the Judge, Family Court, Kadapa is withdrawn and transferred to the Hon’ble Judge Family Court, at Vijayawada. % lA NO: 1 OF 2025 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 stay all further proceedings in F.C.O.P.No.19 of 2023 on the file of the Judge, Family Court, Kadapa. Counsel for the Petitioner:- SRI. VV N NARASIMHAM Counsel for the Respondent:- SRI ARUN SHOWRI G The Court made the following Order: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.233 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.No.19 of 2023, on the file of the Judge, Family Court, Kadapa and transfer the same to the Judge, Family Court, Vijayawada. The case of the petitioner in brief is as follows: 2. I. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Hyderabad on 21.06.2014, as per Hindu rites and customs. During their wedlock, the petitioner and the respondent were blessed with two children aged about 8 years and 5 years respectively, they are residing along with the respondent/husband and are prosecuting their studies at Nellore town. In view of the matrimonial disputes between both the parties, the petitioner/wife staying at Hyderabad. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband had filed F.C.O.P.No.19 of 2023, on the file of the Judge, Family Court, Kadapa, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage. Learned counsel for the petitioner further contended that the petitioner 11. being a woman is staying at Hyderabad, it is very difficult for hor to 2 travel at a distance of more than 700Kms from Hyderabad to Kadapa for attending the case proceedings before the learned Judge, Family every date of adjournment without Court. Kadapa, on each and male support and that she any was constrained to file the present petition against the respondent/husband seeking to withdraw F.C.O.P.No.19 of 2023, on the file of the Judge, Family Court, Kadapa and transfer the same to the Judge, Family Court, Vijayawada. 3. Learned counsel for the respondent would contend that there are no grounds to allow the transfer petition filed by the petitioner from the Judge, Family Court, Kadapa and requested this Court to dismiss the petition. He further contended that the Hyderabad and the two children of the seeking transfer to the Judge, Family Court, Vijayawada present transfer civil miscellaneous petitioner is currently staying at petitioner and the respondent who are aged about 8 years and 5 years are staying along with the respondent/husband and Learned counsel for the petitioner has also are prosecuting their studies at Nellore Town, conceded the submission made by the learned counsel for the respondent. 4. Heard Sri V.V.N.Narasimham, learned G.Arun Showri, learned available on record. counsel for the petitioner and Sri counsel for the respondent. Perused the material 5. The material on record prima facie goes to show that i matrimonial disputes between both the - in view of the parties, the petitioner/wife is staying at 3 Hyderabad. During their wedlock, the petitioner and the respondent were blessed with two children aged about 8 years and 5 years respectively, they are residing along with the respondent/husband and are prosecuting their studies at Nellore town. The respondent/husband has filed F.C.O.P.No.19 of 2023, on the file of the Judge, Family Court, Kadapa, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage. Learned counsel for the petitioner would contend that it is very difficult 6. for the petitioner/wife to attend the Court proceedings before the learned Judge, Family Court, Kadapa, on each and every date of adjournment. He further represented that if this Court is not inclined to transfer the case in F.C.O.P.No.19 of 2023 from the Judge, Family Court, Kadapa to the Judge Family Court, Vijayawada, the presence of the petitioner/wife may be dispensed with before the Court at Kadapa. No doubt, in matrimonial proceedings, the convenience of the wife has 7. to be considered than that of the inconvenience of the husband. But, in the case on hand, the petitioner/wife is residing at Hyderabad and the respondent/husband is residing at Nellore along with the children aged about 8 years and 5 years and further the children are prosecuting their studies at Nellore Town. Therefore, instead of the transferring the matter from the Judge, Family Court, Kadapa to the Judge, Family Court, Vijayawada, this Court is inclined to dispense with the personal of the petitioner/wife before the Judge, 4 Family Court at Kadapa, except on the days when her presence is required before the learned Judge, Family Court, Kadapa. In the result, the present petition is disposed of at the stage of admission itself and the personal attendance of the petitioner/wife i.e., the respondent in F.C.O.P.No.19 of 2023 before the Judge, Family Court, Kadapa is hereby dispensed with. Later the learned Judge, Family Court, Kadapa, is directed not to insist for the personal appearance of the petitioner/wife i.e., the respondent in F.C.O.P.No.19 of 2023, 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 Judge, Family Court, Kadapa. There shall be no order as to costs. 8. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTER //TRUE COPY// SEGTtON OFFICER To. 1. The Judge, Family Court, Kadapa. 2. The Family Court, at Vijayawada. 3. One CC to Sri. VV N Narasimham, Advocate [OPUC] 4. One CC to Sri. Arun Shown G, Advocate [OPUC] 5. Two C.D Copies. Ssl vna HIGH COURT DATED:29/07/2025 ORDER TR.CMP.no. 233 OF 2025 I 13 AUG 2025 g Current Section . ^ DISPOSING OF THE TRCMP