IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION NO: 328 OF 2024 Between: Sravanam Om Sakunthala Gayatri, W/o. D/o.Sravanam Sudharsana Naga Marnilayya, Hindu, aged 27 Employee, R/o.D.No 4-286, Venkatapuram, Eluru Mandal, Eluru district - 534001. Vinnakota Bhanu Kiran years. Police Colony, Opp Cancer Hospital, ...Petitioner AND Vinnakota Bhanu Kiran, S/o Vijay Kumar, Hindu, Aged 32 years, R/o D.No. 5- 1-70, Sri Durga Grand City, Near Parepalli Ammavari temple, Kodelu Road, Komadavolu, Eluru. ...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 H.M.O.P No. 156 of 2023 from the file of Civil (Senior Division) Judge at Pithapuram, E.G. District and make over the same to the court of Family Judge at Eluru for joint enquiry along with F.C.O.P.No.140 of 2024 pending on the file of the Family Court Judge at Eluru 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 stay all further proceedings in H.M.O.P No. 156 of 2023 from the file of Civil (Senior Division) Judge at Pithapuram, East Godavari District pending disposal of this Transfer Civil Miscellaneous Petition. lA NO: 2 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 direct Order transferring FCOP No. 140/2024, filed by the Petitioner seeking restitution of conjugal rights, as a counter blast, to Pitapuram to club the same with HMOP.No.156/2023, on the file of PSCJ, Pitapuram and to dispose of the same simultaneously, pending disposal of the main Tr.C.M.P. lA NO: 3 OF 2024 Between: Vinnakota Bhanu Kiran, S/o Vijay Kumar, Hindu, Aged 32 years, R/o D.No. 5- 1-70, Sri Durga Grand City, Near Parepalli Ammavari temple, Kodelu Road, Komadavolu, Eluru. ...Petitioner/Respondent AND Sravanam Om Sakunthala Gayatri, W/o. Vinnakota Bhanu Kiran D/o.Sravanam Sudharsana Naga Marnilayya, Hindu, aged 27 years. Employee, R/o.D.No 4-286, Police Colony, Opp Cancer Hospital, Venkatapuram, Eluru Mandal, Eluru district - 534001. ...Respondent/ Petitioner 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 vacate the stay granted in I.A.No.1/2024 dt.03/10/2024, pending disposal of the main in TRCMP.No.328/2024 Tr.CMP. Counsel for the Petitioner: SRI GHANTA SRIDHAR Counsel for the Respondents: SRI G. RONALD RAJU The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.328 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.156 of 2023, on the file of the Senior Civil Judge Pithapuram, East Godavari District and transfer the same to the Judge, Family Court at Eluru, West Godavari District, for joint enquiry along with F.C.O.P.No.140 of 2024 which is pending before the Judge, Family Court at Eluru, West Godavari District, for trial. The case of the petitioner in brief is as follows; 1. The petitioner is none respondent/husband and their marriage was performed on 12.08.2022 at Venkata Satyanarayana Swamy Devasthanam, Annavaram, East Godavari District, as per Hindu Rites and Caste Customs. In view of the matrimonial disputes in between both the spouses; the petitioner/wife has been residing at her parents’ house at Eluru. The petitioner/wife pleaded that she lodged a complaint against the respondent/husband herein in F.I.R.No.121 of 2023 under Section 498-A, 312 and 506 of I.P.C., r/w Sections 3 and 4 of Dowry Prohibition Act, 1961, before the Disha Police Station, at Eluru. After investigation. Police ^had filed a charge sheet, the same was numbered as vide C.C.No.58 of 2014 on the file of the Principal Junior Civil 2. other than the wife of the Tr.C.M.P,No.328 of 2024 VGKR, J 2 Judge-cum-Judicial Magistrate of First Class, Eluru, West Godavari District and the same is pending for adjudication. II. The petitioner/wife further pleaded that, to cause unnecessary inconvenience to her the husband/respondent filed H.M.O.P.No.156 of 2023, on the file of the Senior Civil Judge Pithapuram, East Godavari District, under Section 13(l)(ia) of Hindu Marriage Act, 1955, seeking for divorce and the same is pending for adjudication. III. The petitioner/wife further contended that, the distance between Eluru and Pithapuram is approximately more than 150 Kms, she being a women and depending upon her parents, it is very difficult for her to travel from Eluru to Pithapuram to attend the Court proceedings on each and every adjournment before the said Court without any male support and that she is seeking to withdraw the H.M.O.P.No.156 of 2023, on the file of the Senior Civil Judge Pithapuram, East Godavari District and transfer the same to the Judge, Family Court at Eluru, West Godavari District. 3. Learned counsel for the respondent would contend that the respondent filed his counter-affidavit by denying the allegations made by the petitioner/wife in her counter-affidavit and the respondent/husband herein requested this Court to dismiss the present Transfer Civil Miscellaneous Petition filed by the petitioner/wife herein. Tr.C.M.P.No.328 of 2024 VGKR, J 3 Heard learned counsel for the petitioner and learned counsel for 4. the respondent. 5. Perused the material available on record. 6. The law is well settled by the Hon’ble Apex Court in transfer of Civil Miscellaneous Petitions, the High Court is not supposed to enter into the merits or demerits of the case, which is pending before the trial Court. It is represented by the learned counsel for the petitioner that the respondent has been residing at Eluru, West Godavari District. Learned counsel for the respondent fairly conceded that at present the respondent is residing at Eluru, West Godavari District. The Apex Court in a case of Geefa Heera Vs Harish Chander Heera', held by considering the fact that “if a wife does 7. 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. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.SaravanaKarthikSha^ held as follows: 8. “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. ^ (2000) 10 see 304 " 2022 LiveLaw (SC) 627 i Tr.C,M.P.No.328of 2024 VGKR,J 4 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. ” On considering the submissions made by the learned counsel 9. appearing for both sides and on considering the facts and circumstances of the case, since the petitioner/wife has been residing at her parents’ house at Eluru, West Godavari District. In view of the ratio laid down in the aforesaid case laws that in matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience of the husband. Therefore, 1 am of the considered view that there are justifiable grounds to consider the request of the petitioner/wife seeking to withdraw the H.M.O.P.No.156 of 2023, on the file of the Senior Civil Judge Pithapuram, East Godavari District and transfer the same to the Judge, Family Court at Eluru, West Godavari District. In the result, the Transfer Civil Miscellaneous Petition is 10. allowed and the H.M.O.P.No.156 of 2023 on the file of the Senior Civil Judge Pithapuram, East Godavari District, is hereby withdrawn and transferred to the Judge, Family Court at Eluru, West Godavari District. The learned Senior Civil Judge Pithapuram, East Godavari District, shall transmit the case record in H.M.O.P.No.156 of 2023 to Tr.C.M.P.No.328of 2024 VGKR, J 5 District, shall transmit the case record in H.M.O.P.No.156 of 2023 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. Both the parties are directed to appear before the Judge, Family Court at Eluru, West Godavari District, on 12.03.2025, 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 REGISTRARS //TRUE COPY// SE^J\bfi OFFICER To, 1. The Principal District Judge, East Godavari at Rajahmundry. 2. The Principal District Judge, West Godavari at Eluru. 3. Sravanam Om Sakunthala Gayatri, W/o. Vinnakota Bhanu Kiran D/o.Sravanam Sudharsana Naga Marnilayya, Hindu, aged 27 years. Employee, R/o. D.No.4-286, Police Colony, Opp Cancer Hospital, Venkatapuram, Eluru Mandal, Eluru district - 534001 4. Vinnakota Bhanu Kiran, S/o Vijay Kumar, Hindu, Aged 32 years, R/o D.No.5-1-70, Sri Durga Grand City, Near Parepalli Ammavari temple, Kodelu Road, Komadavolu, Eluru. 5. The Senior Civil Judge at Pithapuram, East Godavari District. 6. The Family Judge at Eluru, West Godavari District. 7. One CC to Sri. Ghanta Sridhar, Advocate [OPUC] 8. One CC to Sri. G Ronald Raju, Advocate [OPUC] 9. Three CD Copies PR sree A HIGH COURT DATED:23/01/2025 ( BOTH THE PARTIES ARE DIRECTED TO APPEAR BEFORE THE JUDGE, FAMILY COURT AT ELURU, WEST GODAVARI DISTRICT. ORDER TRCMP.No.328 of 2024 of o 01 FEB 2025 (T'l;- ar I ; o ^ Current Section ^ ALLOWING THE TR.C.M.P. WITHOUT COSTS