APHC010398772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 243/2025 Between: Tungam @ Boda Nandini ...PETITIONER AND Tungam Avinash Sai ...RESPONDENT Counsel for the Petitioner: 1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent: 1. A.SRINIVASA RAO The Court made the following: 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.41 of 2025, on the file of the Senior Civil Judge, Nandigama and transfer the same to the Judge, Family Court, Guntur, to try along with F.C.O.P.No.23 of 2025. 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 Nandigama Mandal, Krishna District on 04.02.2022, 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 21/2 years are staying at her parents’ house at Machirajuvari Street, Old Guntur, Guntur District and depending upon the mercy of her parents. The petitioner pleaded that she had lodged a complaint before the Superintendent of Police, Guntur Urban Police Station under Sections 85, 351(2) of BNS and under Sections 3 & 4 of the Dowry Prohibition Act vide Cr.No.136 of 2024 and the same is pending for investigation. The petitioner further pleaded that she had filed a Maintenance Case vide F.C.O.P.No.23 of 2025, on the file of the Judge, Family Court, Guntur and a Domestic Violence Case vide D.V.C.No.148 of 2025, on the file of the Special Mobile Court, Guntur and the respondent/husband is attending the Court proceedings before the competent Courts at Guntur. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband filed H.M.O.P.No.41 of 2025, on the file of the Senior Civil Judge, Nandigama, 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 21/2 years, depending upon the mercy of her parents, it is very difficult for the petitioner/wife to attend the Court proceedings before the learned Senior Civil Judge Court at Nandigama, 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.41 of 2025, on the file of the Senior Civil Judge, Nandigama and transfer the same to the Judge, Family Court, Guntur. 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.41 of 2025 from the Senior Civil Judge, Nandigama to the Judge, Family Court, Guntur and requested to dismiss the transfer civil miscellaneous petition. 4. Heard Sri A.Venkata Durga Rao, learned counsel for the petitioner and Sri A.Srinivasa Rao, 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 21/2 years are staying at her parents’ house at Machirajuvari Street, Old Guntur, Guntur District and she had filed a Criminal Case vide Cr.No.136 of 2024, under Sections 85, 351(2) of BNS and under Sections 3 & 4 of the Dowry Prohibition Act against the respondent/husband and the same is pending for investigation. Further, the petitioner had filed a Maintenance Case vide F.C.O.P.No.23 of 2025, on the file of the Judge, Family Court, Guntur and a Domestic Violence Case vide D.V.C.No.148 of 2025, on the file of the Special Mobile Court, Guntur against the respondent/husband. The respondent/husband has filed H.M.O.P.No.41 of 2025, on the file of the Senior Civil Judge, Nandigama, 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 case law that in matrimonial proceedings, the convenience of the wife has to 1 2022 LiveLaw (SC) 627 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.41 of 2025, on the file of the Senior Civil Judge, Nandigama and transfer the same to the Judge, Family Court, Guntur. 8. In the result, the present petition is allowed and H.M.O.P.No.41 of 2025, on the file of the Senior Civil Judge, Nandigama, is hereby withdrawn and transferred to the Judge, Family Court, Guntur. The Senior Civil Judge, Nandigama, shall transmit the case record in H.M.O.P.No.41 of 2025 to the Judge, Family Court, Guntur, duly indexed as expeditiously as possible preferably within a period of four (04) days from the date of receipt of a copy of the order. Both the parties are directed to appear before the learned Judge, Family Court, Guntur on 16.10.2025 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: 25.09.2025 Note: Issue C.C. by 26.09.2025 B/o SRT