IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION NO: 319 OF 2024 Between: Tummala Sai Vindya Venkata Ramana Pratyusha, W/o. Turn mala Aravind Hindu, Aged about 27 years, Occ Home Maker R/o. Door No. 17-99, Kishore Nilayam, Muddam Vari Veedhi, M.M.Puram Bhimadole Mandal, Eluru District, Andhra Pradesh ...PETITIONER AND Thummala Aravind, S/o. Ramaswamy, Aged about 31 years, Occ Software Engineer R/o. Flat No. 301, Tulasivanam Apartments, Road No.3, R.R.Nagar, Near Kapu Kalyana Mandapam, NFCL Road Kakinada, Andhra Pradesh ...RESPONDENT Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith,the High Court may be pleased to withdraw the H.M.O.P.No.365/2024 on the file of court of the Principal Civil (Senior Division) Judge Court, Kakinada, East Godavari District and transfer to the Family court Eluru, West Godavari District, Andhra Pradesh. ■ ‘.V f 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 grant stay of all further proceedings in H.M.O.P.No.365/2024on the file of court of the Principle Senior Civil Judge Court, Kakinada, East Godavari District, Andhra Pradesh. Counsel for the Petitioner{s) : SRI YASWANTH GADE Counsel for the Respondents : SRI PILLIX LAW FIRM The Court made the following ORDER : THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.319 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.365 of 2024 on the file of the Principal Senior Civil Judge, Kakinada, East Godavari District and transfer the same to the file of the Judge, Family Court at Eluru, West Godavari District, for trial. 2. The case of the petitioner in brief is as follows: The petitioner is the legally wedded wife of the respondent and the marriage of the petitioner with the respondent was performed on 21.05.2021 at Dwaraka Tirumala Temple, as per Hindu Rites and Caste Customs. In view of the matrimonial disputes between both the spouses; the petitioner/wife has been residing at her parents' house at Bhimadole, Eluru, West Godavari District. The petitioner/wife further pleaded that she lodged a complaint dated 04.12.2023, in F.I.R.No.281 of 2023, before Bhimadole Police Station, West Godavari District, under Section 498-A of I.P.C. and under Sections 3 and 4 of Dowry Prohibition Act, 1961, the same was registered vide C.C.No.131 of 2024 on the file of the Judicial Magistrate of First Class, Bhimadole, West Godavari District. The petitioner/wife further pleaded that she filed a Maintenance Case vide M.C.No.7 of 2024 on the file of the Judicial Magistrate of First Class, iHilll 2 VGKR, J Tr.C.M.P.No.319 of 2024 Bhimadole, West Godavari District, under Section 125 of Cr.P.C., seeking monthly maintenance from the respondent/husband and she also filed a Domestic Violence Case vide D.V.C.No.8 of 2024 on the file of the Judicial Magistrate of First Class, Bhimadole, West Godavari District, and all the said cases are pending before the competent Court at Bhimadole and the respondent/husband has also attending the case proceedings before the said Court at Bhimadole, West Godavari District. II. The petitioner/wife further contended that to cause unnecessary inconvenience to her, the respondent/husband has filed H.M.O.P.No.365 of 2024 on the file of the Principal Senior Civil Judge, Kakinada, East Godavari District, under Section 9 of Hindu Marriage Act, 1955, seeking restitution of conjugal rights and the same is also pending for adjudication. 3. Learned counsel for the petitioner further contended that the petitioner has been residing at her parents’ house at Bhimadole, it is very difficult for her to travel which is at a distance of more than 150 Kms from Bhimadole to Kakinada to attend the case proceedings on each and every adjournment before the Principal Senior Civil Judge Court, at Kakinada without any male support and that she was constrained to file the present Transfer Civil Miscellaneous Petition seeking withdrawal of the H.M.O.P.No.365 of 2024 on the file of the Principal Senior Civil Judge, Kakinada, East Godavari 3 VGKR, J Tr.C.M.P.No.319of 2024 District and transfer the same to the file of the Judge, Family Court at Eluru West Godavari District. Heard learned counsel for the petitioner and learned counsel for the 4. respondent. Perused the material available on record. 5. The material on record prima facie goes to show that, the petitioner/wife 6. has instituted three (3) cases against the respondent/husband before the competent Court at Bhimadole, West Godavari District, the same are pending for adjudication and the respondent/husband has also attending all the case proceedings on each and every adjournment before the competent Court at Bhimadole. The material on record further reveals that that the respondent/husband has filed H.M.O.P.No.365 of 2024 on the file of the Principal Senior Civil Judge, Kakinada, East Godavari District, under Section 9 of Hindu Marriage Act, 1955, seeking restitution of conjugal rights and the same is pending for adjudication. The contention of the learned counsel for the petitioner is that, the petitioner/wife has been residing separately at her parents’ house at Bhimadole and the distance between Bhimadole and Kakinada is more than 150 kms, since the petitioner being a woman and depending upon her parents, it is very difficult for her to travel from Bhimadole to Kakinada to attend the case proceedings which was filed by the 4 VGKR,J Tr.C.M.P.No.319of 2024 respondent/husband herein without any male support and that she was constrained to file the present transfer petition. 7. The Hon’ble 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. ” 8. 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 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 made by the petitioner/wife to withdraw the H.M.O.P.No.365 of 2024 on the file of the Principal Senior Civil Judge, ^ 2022 LiveLaw (SC) 627 5 «;» VGKR, J Tr.C.M.P.No.319 of 2024 Kakinada, East Godavari District and transfer the same to the file of the Judge, Family Court at Eluru, West Godavari District. It was brought to the notice of this Court by the learned counsel for the respondent that respondent/husband is a Software employee, working at Hyderabad and he is also attending the said three (3) cases before the competent Court at Bhimdole which was instituted by the petitioner/wife herein. He further represented that, if the present case is transferred to the Judge, Family Court at Eluru, West Godavari District, it will cause very much inconvenience to the respondent/husband to attend the case proceedingson each and every adjournment before the competent Court at Eluru, West Godavari District. 9. On considering the submissions made by the learned counsel for respondent, since the ..respondent/husband is a Software employee and working at Hyderabad, therefore, the personal appearance of the respondent herein i.e., the petitioner in H.M.O.P.No.365 of 2024 on the file of the Principal Senior Civil Judge, Kakinada, East Godavari District, has been dispensed with before the transferee Court i.e., Judge, Family Court at Eluru, “except on the days when his personal appearance is required as per law”, before the Judge, Family Court at Eluru, West Godavari District. 10. V 11. In the result, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.365 of 2024 on the file of the Principal Senior Civil Judge Kakinada, East Godavari District, is hereby withdrawn and transferred to the 6 VGKR,J Tr.C.M.P.No.319 of 2024 \ Judge, Family Court at Eluru, West Godavari District. The learned Principal Senior Civil Judge, Kakinada, East Godavari District, shall transmit the case record in H.M.O.P.No.365 of 2024 to the Judge, Family Court at Eluru, West Godavari District, 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. Furthermore, the personal appearance of the respondent herein i.e., the petitioner in H.M.O.P.No.365 of 2024, has been dispensed with, before the transferee Court i.e.. Judge, Family Court at Eluru, West Godavari District, except on the days when his presence is required as per law”. Both the parties are directed to appear before the Judge, Family Court at Eluru, on 05.03.2025, 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. SD/- B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal District & Sessions Judge,East Godavari Rajamundry. at 2. The Principal District & Sessions Judge, West Godavari at Eluru. 3. The Principal Civil (Senior Division) Judge Court, Kakinada, East Godavari District 4. The Family court Eluru, West Godavari District, Andhra Pradesh. 5. The Station Flouse Officer, bhimadole, Eluru, Andhra Pradesh. » 6. Tummala Sai Vindya Venkata Ramana Pratyusha, W/o.Tummala Aravind Hindu, Aged about 27 years, Occ Home Maker R/o. Door No. 17-99, Kishore Nilayam, Muddam Vari Veedhi, M.M.Puram Bhimadole Mandal, Eluru District, Andhra Pradesh 7. Thummala Aravind, S/o. Ramaswamy, Aged about 31 years, Occ Software Engineer R/o. Flat No. 301, Tulasivanam Apartments, Road No.3, R.R.Nagar, Near Kapu Kalyana Mandapam, NFCL Road Kakinada, Andhra Pradesh 8. One CC to Sri. Yaswanth Gade Advocate [OPUC] 9. One CC to Sri. Pillix Law Firm Advocate [OPUC] THREE CD COPIES 10. PR TAC Both the parties are directed to appear before the judge, Family Court Eluru, on 05.03.2025 at 10:30 a.m at HIGH COURT DATED:22/01/2025 \ ORDER TRCMP.No.319 of 2024 X 01 FEB 2025 ^ . Current Section Co, ALLOWING THE TRCMP