IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE TWENTY EIGHTH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO IRANS. CIVIL Mlf^C.PETITION MH- AT AMARAVATI DAY OF JANUARY 296 OF 2024 Between: Mannam Sudha, W/o. Mannam Murali. 36 years, R/o, Flat No. 302, Lakshmi Sai Nagar 3rd line, Gorantia, Guntur, Cell No. House Wife, Hindu, aged about Apartments, Kodhandarama 95505047827. ...Petitioner AND Mannam Murali, S/o. Mohan Rao, Occ; Sub- Inspector of Police Hindu, j, Darsi, Police station. aged about 38 years, C/o. Sub-Inspector of Police Clock tower center, Podili road Darsi, Andhra Pradesh. ...Respondent Petition under Section 24 of CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to withdraw the HMOP No,61 of 2022 on the file of the Senior Civil Judge Kandukur, Prakasam District Family Court Judge Guntur, Guntur District. and transfer the same to the file of the lA NO: 1 OF 7n?4 Petition under Section circumstances stated i 151 of the C.P.C. Praying that in the in the affidavit filed therewith, the High Court may be pleased to stay all further proceedings HMOP No. 61 of 2022 on the file of the Senior Civil Judge Court, Kandukur, Prakasam District pending disposal of the above Transfer Civil Miscellaneous Petition, Counsel for the Petitioner: Smt. Swathi Palleboyina Counsel for the Respondent: Sri Naga Praveen Vankayalapati The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.296 of 2024 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw the H.M.O.P.No.61 of 2022, on the file of the Senior Civil Judge, Kandukur, Prakasam District and transfer the same to the Judge, Family Court at Guntur, for trial. 2. The case of the petitioner in brief is as follows: I. The petitioner is none other than the wife of the respondent/husband and their marriage was performed on 20.02.2014, as per Hindu Rites and Caste Customs. In view of the matrimonial disputes in between both the spouses; the petitioner/wife has been residing at her parents’ house at Guntur. The petitioner/wife pleaded that she filed F.C.O.P.No.553 of 2024 on the file of the Judge, Family Court at Guntur, under Section 9 of Hindu Marriage Act, 1955 seeking restitution of conjugal rights and she also filed a Domestic Violence Case vide (C.F.R.No.4319 of 2024) on the file of the Special Judicial Magistrate of First Class at Guntur, and the said two cases are is pending for adjudication before the competent Courts at Guntur. Tr.C.M.P.No.296of 2024 VGKR, J 2 a II. The petitioner/wife further pleaded that, to cause unnecessary inconvenience to her, the husband/respondent filed H.M.O.P.No.61 of 2022, on the file of the Senior Civil Judge, Kandukur, Prakasam District, under Section 13(1) (ia) (ib) of Hindu Marriage Act, 1955, seeking dissolution of the marriage and the same is also pending for adjudication. III. The petitioner/wife further contended that, the distance between Guntur and Kandukur is approximately more than 100 Kms, she being a women and depending upon her parents at Guntur, it is very difficult for her to travel from Guntur to Kandukur to attend the Court proceedings on each and every adjournment before the said Court without any male support and that she was constrained to file the present Transfer Civil Miscellaneous Petition seeking to withdraw the H.M.O.P.No.61 of 2022, on the file of the Senior Civil Judge, Kandukur, Prakasam District and transfer the same to the Judge, Family Court at Guntur. Heard learned counsel appearing on both sides. 3. 4. Learned counsel for the respondent opposed to transfer the case i.e., H.M.O.P.No.61 of 2022, on the file of the Senior Civil Judge, Kandukur, Prakasam District, to the Judge, Family Court at Guntur. 5. Perused the material available on record. Tr.C.M.P.No.296of 2024 VGKR, J 3 The material on record prima facie goes to show that, the petitioner/wife she has instituted two (2) cases against the respondent/husband i.e., F.C.O.P.No.553 of 2024 on the file of the Judge, Family Court at Guntur, under Section 9 of Hindu Marriage Act, 1955, seeking restitution of conjugal rights and Domestic Violence Case vide (C.F.R.No.4319 of 2024) on the file of the Special Judicial Magistrate of First Class at Guntur and the respondent/husband is also attending the case proceedings before the said competent Courts at Guntur. It is also noticed that the respondent/husband has filed H.M.O.P.No.61 of 2022, on the file of the Senior Civil Judge, Kandukur, Prakasam District, under Section 13(l)(ia)(ib) of Hindu Marriage Act, 1955, seeking dissolution of the marriage and the same is also pending for adjudication. 6. Admittedly, both the cases have to be tried by the same Judge and the petitioner/wife herein approached this Court seeking to withdraw the divorce case which is filed by the respondent/husba nd and transfer the same to the Judge, Family Court at Guntur. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.SaravanaKarthikSha^ 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 7. 8. ' 2022 LiveLaw (SC) 627 H-.C.M.P.No.296of2024 VGKR, J 4 If 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 On considering the submissions made by the learned counsel appearing for both sides and on considering the facts and circumstances of the case, since the petitioner/wife has been residing at her parents’ house at Guntur. In view of the ratio laid down in the aforesaid 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 of the petitioner/wife seeking to withdraw the H.M.O.P.No.61 of 2022, on the file of the Senior Civil Judge, Kandukur, Prakasam District and transfer the same to the Judge, Family Court at Guntur, Guntur District. 9. Tr.C.M.P.No.296 of 2024 VGKRJ 5 10. In the result, the Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.61 of 2022, on the file of the Senior Civil Judge, Kandukur, Prakasam District, is hereby withdrawn and transferred to the Judge, Family Court at Guntur. The learned Senior Civil Judge, Kandukur, Prakasam District, shall transmit the case record in H.M.O.P.No.61 of 2022 to the Judge, Family Court at Guntur, Guntur District, duly indexed as expeditiously as possible preferably within a period of one (01) week from the date of receipt of a copy of this order. Both the parties are directed to appear before the Judge, Family Court at Guntur, Guntur District, on 12.02.2025, 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. SDI- K SRINIVASA RAJU ASSISTANT REGISTER //TRUE COPY// SECTION OFFICER To, 1. The Senior Civil Judge, Kandukur, Prakasam District. 2. The Judge, Family Court, Guntur, Guntur District. 3. Mannam Sudha, W/o. Mannam Murali, House Wife, Hindu, aged about 36 years, R/o. Flat No. 302, Lakshmi Sai Apartments, Kodhandarama Nagar 3rd line, Gorantia, Guntur, Cell No. 95505047827. 4. Mannam Murali, S/o. Mohan Rao, Occ Sub- Inspector of Police Hindu, aged about 38 years, C/o. Sub-Inspector of police, Darsi, Police station. Clock tower center, Podili Road, Darsi, Andhra Pradesh. 5. One CC to Smt. Swathi Palleboyina, Advocate [OPUC] 6. One CC to Sri Naga Praveen Vankayalapati, Advocate [OPUC] 7. Three CD Copies SAM sree 7 HIGH COURT DATED;28/01/2025 ORDER TRCMP.No.296 of 2024 X 2 i .IAN 2025 . Current bection . ^ Co, ALLOWING THIS TR.C.M.P. WITHOUT COSTS