IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 5 OF 202^ Between: Smt Damarasingh Divya Sri, W/o.Pavan Siva Kumar, D/o.Sudikonda Satyanarayana, Hindu, Female, aged 28 years. Dependant No.101, Rayalam Fort Apartment, Sriramapuram Colony, Bhimavaram West Godavari District. R/o.Flat ...Petitioner AND Sri Damarasingh Pavan Siva Kumar @ Nani, S/o.Suryanarayana Hindu, Male, aged 37 years. Data Entry Operator in Excise Department R/o.D.No.21-10/2-43, KL.Rao Colony, Budameru Vantena Vijayawada, Krishna District. Centre, ...Respondent Petition filed 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 F.C.O.P.No.1437 of 2024 on the file of Court of the XIV Additional District and Sessions Judge-cum-Additional Family Court, Vijayawada, Krishna District, Andhra Pradesh and transfer to the Court of the Senior Civil Judge Court, Bhimavaram, West Godavari District Pradesh. Andhra % lA NO: 1 OF 2025 Petition filed 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 all further proceedings in F.C.O.P.No.1437 of 2024 on the file of Court of the XIV Additional District & Sessions Judge-cum-Additional Family Court, Vijayawada, Krishna District, Andhra Pradesh pending disposal of the above Transfer Civil Miscellaneous Petition. Counsel for the Petitioner :Sri Vundavalli Jagadish VC Counsel for the Respondent :Sri G Venkata Subba Raj The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.5 of 2025 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw FCOP No.1437 of 2024 on the file of the learned XIV Additional District and Sessions Judge - cum - Additional Family Court, Vijayawada, Krishna District and transfer the same to the learned Senior Civil Judge Court, Bhimavaram, West Godavari District, or to any other competent Court at Bhimavaram. 2. The case of the petitioner is that the petitioner is the legally wedded wife of the respondent and their marriage has been performed at Haritha Kalyana Mandapam, Dwaraka Tirumala Village, West Godavari District, on 16.02.2020, as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Bhimavaram, West Godavari District. The petitioner pleaded that she had lodged a complaint before the Bhimavaram II Town Police Station, West Godavari District, under Sections 498-A, 509 and 506 of the Indian Penal Code, 1860, and under Sections 3 & 4 of the Dowry Prohibition Act, 1961, which was later registered as Cr.No.276 of 2022, against the respondent/husband and his family members. After due investigation, a charge sheet was ■ ¥ 2 filed and the same was numbered as C.C.No.91 of 2023 on the file of the learned II Additional Civil Judge - cum - II Additional Judicial Magistrate of First Class Court (Junior Division), Bhimavaram, and the is currently at the stage of appearance respondent/husband. The petitioner further pleaded that she had filed a Maintenance Case vide M.C.No.64 of 2022 on the file of the learned II Additional Civil Judge - cum - II Additional Judicial Magistrate of First Class Court (Junior Division), Bhimavaram, under Section 125 of Code of Criminal Procedure, 1973, and the same is pending for adjudication. of the same 3. Learned counsel for the petitioner contend that to cause inconvenience to the petitioner/wife, the respondent/husband has filed FCOF^ No.1437 of 2024 on the file of the learned XIV Additional District and Sessions Judge — cum — Additional family Court, Vijayawada, Krishna District, under Section 13(1) (ia) (ib) of the Hindu Marriage Act, and Section 7 of the Family Court Act, 1984, 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 145 Kms. from Bhimavaram to Vijayawada without any male support, and that she was constrained to file the present petition against the respondent/husband seeking to withdraw FCOP No.1437 of 2024 on the file of the learned XIV Additional District and Sessions Judge - cum - Additional family Court, Vijayawada, 1955, 0 ■■fe 3 Krishna District, and to transfer the same to the learned Senior Civil Judge Court, Bhimavaram, West Godavari District, or to any other competent Court at Bhimavaram. 4. Heard Sri V. Jagadish, learned counsel for the petitioner and Sri G. Venkata Subba Rao, learned counsel for the respondent. Perused the material available on record. 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 ^ (2000) 10 see 304 ^ 2022 UkeLavi (SC) 627 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. Therefore, this Court is of the considered view that there are grounds to consider t^e request of the petitioner/wife to withdraw FCOP No. 1437 of 2024 on the file of the learned XIV Additional District and Sessions Judge - cum - Additional family Court, Vijayawada, Krishna District, and to transfer the same to the learned Senior Civil Judge Court, Bhimavaram, West Godavari District. 8. In the result, the present petition is allowed and FCOP No. 1437 of 2024 on the file of the learned XIV Additional District and Sessions Judge - cum - Additional family Court, Vijayawada, Krishna District, is hereby withdrawn and transferred to the learned Senior Civil Judge Court, Bhimavaram, West Godavari District. The learned XIV Additional District and Sessions Judge - cum - Additional Family Court, Vijayawada, shall transmit the case record in FCOP No.1437 of 2024 to the learned Senior Civil Judge Court, Bhimavaram, West Godavari District, duly indexed, as expeditiously as possible, preferably within a • P-- 5 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. Sd/- A VENUGOPALA RAO ASSISTANT REGISTER //TRUE COPY// SE OFFICER To, 1. The XIV Additional District and Sessions Judge-cum-Additional Family Court, Vijayawada, Krishna District. The Civil Judge (Senior Division), Bhimavaram, West Godavari District. Smt Damarasingh Divya Sri, W/o.Pavan Siva Kumar, D/o.Sudikonda Satyanarayana, R/o.Flat No. 101, Rayalam Fort Apartment, Sriramapuram Colony, Bhimavaram, West Godavari District. Damarasingh Pavan Siva Kumar @ Nani, S/o.Suryanarayana, Data Entry Oper'ator in Excise Department, R/o.D.No.21-10/2-43, KL.Rao Colony, Budameru Vantena Centre, Vijayawada, Krishna District. One CC to Sri Vundavalli Jagadish VC, Advocate [OPUC] One CC to Sri G Venkata Subba Raju, Advocate [OPUC] Three CD Copies 2. 3. 4. 5. 6. 7. BSV sree Igg HIGH COURT DATED:18/03/2025 ORDER TRCMP.No.5 of 2025 ^^•ofANDS^ g 01 APR 2025 . Current oecuon . ^ oV ALLOWING THE TR.C.M.P. WITHOUT COSTS