IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 293 OF 9n9d Between: Mannepalli @ Annapareddy Sandhya, W/o. M.Kumar, aged about years, R/o. H. No. 29-160/2, Gundaiah thota, Chilakaluripet, District, 38 Palnadu ...Petitioner AND M Kumar, S/o. Jayarao, age 48 years, R/o. Indupur village, Allur Mandal SPSR Nellore District ...Respondent Petition under Section 24 of the C.P.C. Praying that circumstances stated in the affidavit filed therewith, the High Court may be pleased to transfer the D.O.P.No. 154/2024 on the file of IV Addl. District Judge, Nellore, SPSR Nellore District, to District Judge Court, Guntur, Guntur District. in the lA NO: 1 OF 2024 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 D.O.P.No.154/2024 on the file of % IV Addl. District Judge, Nellore, SPSR Nellore District, till the disposal of the Transfer Petition. Counsel for the Petitioner: Sri. Thota Ramakoteswara Rao Counsel for the Respondent: Dr. G.V. Ravi The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.293 of 2024 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to transfer D.O.P.No.154 of 2024, on the file of the IV Additional District Judge, Nellore to the District Judge Court, Guntur. The case of the petitioner in brief is as follows: 2. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Indupur Village, Allur Mandal, Nellore 12.07.2011. During their wedlock, the petitioner and the respondent were blessed with two children aged about 10 years and 6 years respectively. In view of the matrimonial disputes between both the parties, the petitioner/wife along with her children is staying at her parents’ house at Chilakaluripet. The petitioner pleaded that she had lodged a complaint before the Chilakaluripet Town Police Station, Palnadu District, under Section 498-A IPC and under Sections 3 & 4 of the Dowry Prohibition Act vide FIR.No.83 of 2023 against the respondent/husband and his family members, which is pending for investigation. The petitioner further pleaded that she had filed a Maintenance Case and a Domestic Violence Case against the respondent/husband and his family members and the same are pending 1. on 0^ 2 contend that to cause inconvenience to has filed D.O.P.No.154 of 2024, on the file Nellore, under Section 32 of the Rules VI of A.P. Rules seeking for restitution for adjudication. The petitioner her, the respondent/husband of the IV Additional District Judge Indian Christian Act and of conjugal rights. counsel for the petitioner further contended that the petitioner children aged about 10 years and 6 years ll. Learned being a woman having two respectively, depending upon her parents, it is very difficult for her to than 200 Kms from Chilakaluripet to Nellore travel at a distance of more and further, the petitioner is apprehending a without any male support threat from the respondent/husband for attending the Court proceedings the file of the IV Additional District Judge in D.O.P.No.154 of 2024, on constrained to file the present petition against Nellore and that she was pondent/husband seeking to transfer D.O.P.No.154 of 2024, on IV Additional District Judge, Nellore to the District Judge the res the file of the Court, Guntur. T.Rama Koteswara Rao, learned counsel for the petitioner Heard Sri and Sri G.V.Ravi, learned counsel for the respondent. Perused the material 4. available on record. 3 5. 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.” 6. The Apex Court in a case of N.C.V. Alshwarya 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 paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.” are 7. 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 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 to transfer D.O.P.No.154 of 2024, on the file of the IV ^ (2000) 10 see 304 ^ 2022 LiveLaw (SC) 627 4 Additional District Judge, Nellore to the District and Sessions Judge Court Guntur. 8. In the result, the present petition is allowed D.O.P.No.154 of 2024, on the file of the IV Additional District Judge, Nellore, is hereby withdrawn and transferred to the District and Sessions Judge Court, Guntur. The IV Additional District Judge Nellore, shall transmit the case record in D.O.P.No.154 of 2024 to the District and Sessions Judge Court, Guntur 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. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR II V, //TRUE COPY// SECTION OFFICER To 1. The IV Additional District Judge, Nellore, SPSR Nellore District. 2. The District and Sessions Judge Court, Guntur, Guntur District. 3. One CC to Sri. Thota Ramakoteswara Rao, Advocate [OPUC] 4. One CC to Dr. G.V. Ravi, Advocate [OPUC] 5. Three CD Copies Stu sree HIGH COURT DATED:07/02/2025 ORDER TRCMP.No.293 of 2024 # X 2 « FEB 2C25 ^ Current Section PS PAT c w Ci» ALLOWING THE TR.C.M.P. WITHOUT COSTS