APHC010385272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 237/2025 Between: Vakhada Prameela Rani ...PETITIONER AND Vakhada Ranga ...RESPONDENT Counsel for the Petitioner: 1. SULTANA SHAIK Counsel for the Respondent: 1. Y.LATCHANNA The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.237 of 2025 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw H.M.O.P.No.16 of 2024, on the file of the Principal Senior Civil Judge Court at Anakapalli, Anakapally District and transfer the same to the Senior Civil Judge Court at Kakinada, Kakinada District. 2. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Parawada Mandal, Anakapalli District on 08.12.2020, as per Hindu rights and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife along with her son aged about 3 years are staying at her parents’ house at Pratap Nagar, Kakinada Rural Mandal, Kakinada District and depending upon the mercy of her parents. The petitioner pleaded that she had filed a Maintenance Case vide M.C.No.33 of 2024, on the file of the V Additional Judicial First Class Magistrate, Kakinada and the respondent/husband is attending the Court proceedings before the competent Court at Kakinada. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband filed H.M.O.P.No.16 of 2024, on the file of the Principal Senior Civil Judge Court at Anakapalli, Anakapally District, under Section 9 of the Hindu Marriage Act, 1955, seeking for restitution of conjugal rights. II. Learned counsel for the petitioner further contended that the petitioner being a woman having a son aged about 3 years, depending upon the mercy of her parents, it is very difficult for the petitioner/wife to travel at a distance of approximately more than 120 Kms from Kakinada to Anakapalli for attending the Court proceedings before the learned Principal Senior Civil Judge Court at Anakapalli, Anakapally District, without any male support and that she was constrained to file the present petition against the respondent/husband seeking to withdraw H.M.O.P.No.16 of 2024, on the file of the Principal Senior Civil Judge Court at Anakapalli, Anakapally District and transfer the same to the Senior Civil Judge Court at Kakinada, Kakinada District. 3. Learned counsel for the respondent/husband would contend that there are no grounds to consider the request of the petitioner/wife seeking transfer of the case in H.M.O.P.No.16 of 2024 from the Principal Senior Civil Judge Court at Anakapalli, Anakapally District to the Senior Civil Judge Court at Kakinada, Kakinada District and requested to dismiss the transfer civil miscellaneous petition. 4. Heard Ms. Sultana Shaik, learned counsel for the petitioner and Sri Y.Latchanna, learned counsel for the respondent. Perused the material available on record. 5. 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 son aged about 3 years are staying at her parents’ house at Pratap Nagar, Kakinada Rural Mandal, Kakinada District and she had filed a Maintenance Case vide M.C.No.33 of 2024, on the file of the V Additional Judicial First Class Magistrate, Kakinada against the respondent/husband. The respondent/husband has filed H.M.O.P.No.16 of 2024, on the file of the Principal Senior Civil Judge Court at Anakapalli, Anakapally District, under Section 9 of the Hindu Marriage Act, 1955, seeking for restitution of conjugal rights. 6. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha1 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.” 7. On considering the submissions made by the learned counsel appearing for both sides and in view of the ratio laid down in the aforesaid 1 2022 LiveLaw (SC) 627 case law that in matrimonial proceedings, the convenience of the wife has to be considered than that of the inconvenience of the husband. Therefore, this Court is of the considered view that there are grounds to consider the request of the petitioner/wife to withdraw H.M.O.P.No.16 of 2024, on the file of the Principal Senior Civil Judge Court at Anakapalli, Anakapally District and transfer the same to the Senior Civil Judge Court at Kakinada, Kakinada District. 8. In the result, the present petition is allowed and H.M.O.P.No.16 of 2024, on the file of the Principal Senior Civil Judge Court at Anakapalli, Anakapally District, is hereby withdrawn and transferred to the Senior Civil Judge Court at Kakinada, Kakinada District. The Principal Senior Civil Judge Court at Anakapalli, Anakapally District, shall transmit the case record in H.M.O.P.No.16 of 2024 to the Senior Civil Judge Court at Kakinada, Kakinada 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. Both the parties are directed to appear before the learned Senior Civil Judge Court at Kakinada, Kakinada District on 29.10.2025 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. _______________________________ JUSTICE V.GOPALA KRISHNA RAO Date: 22.09.2025 SRT 14 THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.237 of 2025 Dt. 22.09.2025 SRT