APHC010415332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 258/2025 Between: 1. ANNAVARAPU JYOTHSNA DEVI @ CHOKKA JYOTHSNA DEVI, W/O. RAVIKANTH, D/O. CHOKKA NAGA MAHESWARA RAO, AGED ABOUT 25 YEARS, OCC HOUSE WIFE, R/O.DOOR NO.3/106A,PIKAVARIPALEM, VALLABHAPURAM, GUNTUR DISTRICT-522308. CEIL NO.8919517052. ...PETITIONER AND 1. ANNAVARAPU RAVIKANTH, S/o. Bhujanga Rao, Aged about 34 years,Occ Private Employment, R/o. D.No.6-44/1, Near Old RCM Church, Vanukuru Village Penamaluru Mandal, NTR District-521151. Cell No.9949825208. ...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 tomay be pleased to transfer the F.C.O.P No. 984 of 2024 on the file of Court of Principal Family Court -CUM- IV Addl. District Judge at Vijayawada, Krishna District to the Court of XI Addl. District and Sessions Judge at Tenali untur District, in the interest of justice and pass such IA NO: 1 OF 2025 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 may be pleased to grant STAY of all further proceedings in F.C.O.P No. 984 of 2024 on the file of Court of Principal Family Court -CUM- IV Addl. District Judge at Vijayawada, Krishna District pending disposal of the Tr.C.M.P. in the interest of justice and pass such Counsel for the Petitioner: 1. MURALI BABU DOMA Counsel for the Respondent: 1. The Court made the following: ORDER: Today, when the matter has been taken up for hearing, learned counsel for the petitioner has submitted that, proof of service Memo has been field before the Registry, dated 17.09.2025, along with the Postal Track Consignment Sheet downloaded from the Postal Department Website and the same is placed on the record. As per the Postal Track Consignment Sheet, the registered notice sent to the respondent and the same was served on him on 25.08.2025. Despite service of notice, there is no representation on behalf of respondent. Therefore, ‘service held sufficient’. 2. The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908, (for short ‘the C.P.C.’) seeking transfer of F.C.O.P.No.984 of 2024 on the file of the Principal Family Court-cum-IV Additional District Judge, Vijayawada, Krishna District, to the Court of XI Additional District & Sessions Judge, Tenali, Guntur District, for trial. 3. The case of the petitioner in brief is as follows: I. The petitioner is legally wedded wife of the respondent/husband and their marriage was performed on 02.12.2022, in the presence of both side elders and well wishers at C-Square Hotel, Bandar Road, Penamaluru Centre, Krishna District. Later, due to the matrimonial disputes between both the spouses; the petitioner/wife has been residing separately and depending upon the mercy of her parents at Vallabhapuram, Guntur District. II. The petitioner/wife further pleaded that in view of the harassment made by the respondent/husband, she lodged a complaint against the respondent/husband and his family members on 01.05.2024, which was registered as Crime No.83 of 2024, before the Kollipara Police Station, for the offences punishable under Section 498-A IPC and Sections 3 & 4 of the Dowry Prohibition Act, 1961, after completion of investigation, the same was numbered as C.C.No.553 of 2024 on the file of the II Additional Junior Civil Judge, Tenali, Guntur District and she also filed three (03) other petitions vide F.C.M.C.No.23 of 2024 on the file of the II Additional Junior Civil Judge, Tenali, Guntur District under Section 125 of Cr.P.C. seeking maintenance, D.V.C.No.7 of 2025 on the file of the II Additional Junior Civil Judge, Tenali, Guntur District and a case in F.C.O.P.No.984 of 2024 on the file of the Principal Family Court-cum-IV Additional District Judge, Vijayawada, Krishna District, under Section 32 of Divorce Act, 1869, seeking for restitution of conjugal rights and the said cases are pending for adjudication before the competent Courts at Tenali and Vijayawada respectively. III. Learned counsel for the petitioner would further contend that with a view to cause inconvenience and to harass the petitioner/wife, the respondent/husband herein had filed F.C.O.P.No.598 of 2024 on the file of the Principal Family Court-cum-IV Additional District Judge, Vijayawada, Krishna District, under Section 10(1)(x) of the Divorce Act, 1869, seeking for dissolution of the marriage and the same is also pending for adjudication. IV. Learned counsel for the petitioner would further contend that the petitioner being a woman, has been residing separately and depending upon the mercy of her parents at Vallabhapuram Village, and it is very difficult for her to travel to attend the restitution case proceedings before the Court at Vijayawada, which was filed by her, without any male assistance and that she was constrained to file the present petition against the respondent/husband, seeking transfer of F.C.O.P.No.984 of 2024 on the file of the Principal Family Court-cum-IV Additional District Judge, Vijayawada, Krishna District, to the Court of XI Additional District & Sessions Judge, Tenali, Guntur District. 4. Heard Sri Murali Babu Doma, learned counsel for the petitioner. 5. Though registered notice sent to the respondent and the same was served on him, none appeared for the respondent. Therefore, ‘service held sufficient’. 6. Perused the material available on record. 7. The material on record prima facie goes to shows that, in view of the matrimonial disputes, the petitioner/wife has been residing separately, at her parents’ house at Vallabhapuram Village, Guntur District and she has instituted four (04) other cases against the respondent/husband herein vide C.C.No.553 of 2024, F.C.M.C.No.23 of 2024 & D.V.C.No.7 of 2025 on the file of the II Additional Junior Civil Judge, Tenali, Guntur District, and F.C.O.P.No.984 of 2024 on the file of the Principal Family Court-cum-IV Additional District Judge, Vijayawada, Krishna District, under Section 32 of Divorce Act, 1869, seeking for restitution of conjugal rights and all the aforesaid cases are pending for adjudication before the competent Courts at Tenali and Vijayawada respectively. The material on record further discloses that the respondent/husband had filed F.C.O.P.No.598 of 2024 on the file of the Principal Family Court-cum-IV Additional District Judge, Vijayawada, Krishna District, under Section 10(1)(x) of the Divorce Act, 1869, seeking for dissolution of the marriage and the same is also pending for adjudication. 8. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha1 held as follows: 1 2022 LiveLaw (SC) 627 “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.” 9. On considering the submissions made by the learned counsel for the petitioner 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 seeking transfer of F.C.O.P.No.984 of 2024 on the file of the Principal Family Court-cum-IV Additional District Judge, Vijayawada, Krishna District, which was filed by her against the respondent/husband, to the XI Additional District & Sessions Judge, Tenali, Guntur District. 10. In the result, the present Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.984 of 2024 on the file of the Principal Family Court-cum-IV Additional District Judge, Vijayawada, Krishna District, is hereby withdrawn and transferred to the XI Additional District and Sessions Judge, Tenali, Guntur District. The learned Principal Family Court-cum-IV Additional District Judge, Vijayawada, Krishna District, shall transmit the case record in F.C.O.P.No.984 of 2024, to the file of the XI Additional District and Sessions Judge, Tenali, Guntur 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. 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: 23.09.2025 CVD