IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT^^-^, \ TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA TRANS. CIVIL MISC.PETITION NO: 307 OF 2024 > O RAO Between: Shaik Kousar Jahan, D/o. Shaik Mohammed Elias years, D/o. 3-512-2, Rajareddy Street, Kadapa District Aged about 32 ...Petitioner AND Syyed Mohiuddin, S/o Syyed Allauddin, Aged about 37 Jandrapeta, Sodum Post and Mandal, Chittoor District. years, Diguva ...Respondent Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to allow the TRCMP by withdrawing O.S. No. 207 of 2023 from Hon'ble Principal Junior Civil Judge Court, Piler and may be to transfer the same to the Principal Senior Civil Judge Cpurt, Kadapa. 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 pleased to stay of all further proceedings in O.S. No 207 of 2023 on the file Hon'ble Principal Junior Civil Judge Court, Piler. Counsel for the Petitioner: Sri P B Reddy Counsel for the Respondent: Sri K Muni Reddy Bala Prasad The Court made the following ORDER: may be THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO ;transfer civil miscellaneous petition No.307 of 2024 05^ ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw OS No.207 of 2023 on the file of the learned Principal Junior Civil Judge, Piler, and transfer the same to the learned Principal Senior Civil Judge Court, Kadapa. 2. The case of the petitioner in brief is as follows; The petitioner is the legally wedded wife of the respondent and their marriage has been performed at KMR Function Hall, Vinayaka Nagar, Kadapa, on 29.11.2021, as per Sunni Muslim rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Raja Reddy Street, Kadapa District. The petitioner pleaded that she had lodged a complaint before I Town Police Station, Kadapa, under Sections 498-A and 506 of the Indian Penal Code, 1860, and under Sections 3 & 4 of the Dowry Prohibition Act, 1961. After due investigation, a charge sheet was filed and the same was numbered as C.C.No.1032 of 2023 on the file of the learned I Additional Judicial Magistrate of First Class, Kadapa. The petitioner further pleaded that she had filed D.V.C.No.34 of 2023 on the file of the learned Special Mobile Judicial Magistrate of First Class, Kadapa. The X. petitibfier pleaded that she filed FCOP No.187 of 2023 on the file of the learned District Family Judge, Kadapa, under Section 281 of Mohammedan Law read with Section 9 of the Family Court Act, 1984, seeking for restitution of conjugal rights, and all the above said cases pending for adjudication before the competent Courts at Kadapa. are 3. Learned counsel for the petitioner contend that to cause inconvenience to the petitioner/wife, the respondent/husband has filed OS No.207 of 2023 on the file of the learned Principal Junior Civil Judge, Filer, under Order 7 Rule 1 read with Section 26 of the Code of Civil Procedure, 1908, and Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, seeking for dissolution of marriage. He further contend that it is very difficult for the petitioner, being a woman, depending upon her parents’, to travel at a distance of more than 105 Kms. from Kadapa to Filer without any male support, and that she was constrained to file the present petition against the respondent/husband seeking to withdraw OS No.207 of 2023 on the file of the learned Principal Junior Civil Judge, Filer, and to transfer the same to the learned Principal Senior Civil Judge Court, Kadapa. 4. Heard Ms. C.S. Hema, learned counsel, representing Sri Dr. P. B. learned counsel for the petitioner and Sri K. Muni Reddy Bala learned counsel for the respondent. Perused the material available on record. Reddy Prasad, 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. Aishwarya 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 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 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. Prima facie. the petitioner/wife has instituted three cases and all the three cases are ^ (2000) 10 see 304 ^ 2022 LiveLaw (SC) 627 4 pending for adjudication before the competent Courts at Kadapa. Therefore, this Court is of the considered view that there are grounds to consider the request of the petitioner/wife to withdraw OS No.207 of 2023 on the file of the learned Principal Junior Civil Judge, Filer, and to transfer the same to the learned Family Court, Kadapa 8. In the result, the present petition is allowed and OS No.207 of 2023 the file of the learned Principal Junior Civil Judge, Filer, is hereby withdrawn and transferred to the learned Family Court, Kadapa. The learned Principal Junior Civil Judge, Filer, shall transmit the case record in OS No.207 of 2023 to the learned Family Court, Kadapa, duly indexed, as expeditiously as possible, preferably within a period of two (02) weeks from the date of receipt of a copy of this order. Both the parties shall appear before the learned Family Court, Kadapa, on 04.04.2025. There shall be no order as to costs. on As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. SD/- N. NAGAMMA ASSISTANT REGISTRAR \ / //TRUE COPY// SECTION OFFICER To, 1. Shaik Kousar Jahan, D/o. Shaik Mohammed Elias, Aged about 32 years, D/o. 3-512-2, Rajareddy Street, Kadapa District 2. Syyed Mohiuddin, S/o Syyed Allauddin, Aged about 37 years, Diguva Jandrapeta, Sodum Post and Mandal, Chittoor District. 3. The Principal Family Court, Kadapa,YSR Kadapa District. 4. The Principal Civil Judge (Junior Division) Court One CC to Sri. P B Reddy, Advocate [OPUC] One CC to Sri. K Muni Reddy Bala Prasad Advocate Three CD Copies Piler, Chittoor District. 5. 6. [OPUC] 7. SAM PRK HIGH COURT DATED:25/03/2025 ORDER TRCIMP.No.307 of 2024 = 2 6 MAR 2025 Current Section I!»! a 60/ ALLOWING THE TRCIMP WITHOUT COSTS