IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY ffx TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 333 OF 2024 Between: Bojugu Pravallika, W/o P. Danumjaya Reddy, aged about 31 years, D/o Karunakar Reddy, 3rd lane. Devapuram, Guntur, Guntur District. ...PETITIONER AND Pandugula Dhanumjaya Reddy, S/o Bala Koti Reddy, Aged about 32 Years, R/o. H. No. 2-116-4, Near Ramalayam Pasupugallu, Mundlamuru Mandal, Prakasam Dist. ...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. 34 of 2023 on the file of the Court of the Hon'ble Senior Civil Judge Darsi, Prakasam District and transfer the same to the file of the Family Judge at Guntur, Guntur District Counsel for the Petitioner: Smt. MARELLA RADHA Counsel for the Respondent: SRI P JAGADISH CHANDRA PRASAD The Court made the following ORDER: BLE SRI JUSTICE V.GOPALA KRISHNA RAO rix/il MISCELLANFOUS petition No.333 of 2024 THE HON’ TRANSFER ORDER: petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw the the file of the Senior Civil Judge, Darsi, to the Judge, Family Court The H.M.O.P.No.34 of 2023, on Prakasam District and transfer the same at Guntur, for trial. of the petitioner in brief is as follows; wedded wife of the respondent and 10.05.2020 at Pasupugollu Prakasam District, as per Hindu The case The petitioner is legally 2. their marriage was performed on Village, Mundaluru Mandal Rites and Caste Customs. During their wed-iock period, the child and in view of the petitioner/wife blessed with a matrimonial disputes inin between both the spouses; she has residing separately along with her child aged about two at Guntur. The petitioner/wife complaint dated 28.06.2023, in Crime No.155 of been (2) years at her parents’ house pleaded that, she lodged a against the respondent/husband herein 2023 under Section 498-A of I.P.C., and Sections 3 & 4 of before Disha Police Station, Prohibition Act, 1961 Gunm? and the same is pending for investigation. The Dowry Tr.C.M.P.No.333of 2024 VGKR, J 2 petitioner/wife further pleaded that, she filed a Maintenance Case vide F.C.O.P.(MC)No.597 of 2023, seeking monthly maintenance from the respondent/husband on the file of the Family Court-cum-Xll Additional District Judge, Guntur and the same is also pending for adjudication. 11. The petitioner/wife further pleaded that, to cause unnecessary inconvenience to her, the respondent/husband filed H.M.O.P.No.34 of 2023, on the file of the Senior Civil Judge, Darsi, Prakasam District, under Section 13(1)(ia) of Hindu Marriage Act, 1955, seeking dissolution of the marriage and the same is also pending for adjudication. The petitioner/wife further pleaded that, the distance between Guntur and Darsi, is more than 120 Kms, she being a women depending upon her parents along with her child, it is very difficult for her to travel from Guntur to Darsi to attend the divorce case proceedings on each and every adjournment without any male support and that she is seeking to withdraw the H.M.O.P.No.34 of 2023, on the file of the Senior Civil Judge, Darsi, Prakasam District and transfer the same to the Judge, Family Court at Guntur. Tr.C.M.P.No.333 of 2024 VGKR, J 3 Heard learned counsel for the petitioner and Sri K. Chethan, learned counsel representing on behalf of Sri P. Jagadish Chandra Prasad, learned counsel for the respondent. 3. Learned counsel for the respondent would contend that counter-affidavit has been filed before the Registry and there are grounds to consider the request made by the petitioner and the present Transfer Civil Miscellaneous Petition may be dismissed. 4. no Perused the material available on record. 6. The material on record prima facie goes to show that, the petitioner/wife has been residing separately at her parents’ house along with her child aged about two (2) years at Guntur. She has instituted two. (2) cases i.e., 498-A, and Maintenance Case against the respondent/husband herein and the said cases are pending before the competent Court at Guntur and the respondent/husband is also attending the case proceedings before the said Court. The material on record further reveals that the respondent/husband has also filed H.M.O.P.No.34 of 2023, on the file of the Senior Civil Judge, Darsi, Prakasam District, under Section 13(1)(ia) of Hindu seeking dissolution of the marriage. The learned counsel for the petitioner is that, the 5. Marriage Act, 1955 contention of the petitioner/wife is staying separately along with her child aged about Jwo (2) years at her parents’ house at Guntur and the distance Tr.C.M.P.No.333 of 2024 V6KR, J 4 between Guntur and Darsi is more than 120 Kms, since the petitioner being a woman depending upon her parents along with her child, it is very difficult for her to travel from Guntur to Darsi to attend the divorce case proceedings which is filed by the respondent/husband herein before the Senior Civil Judge, Darsi, Prakasam District, on each and every adjournment without any male support and that she was constrained to file the present transfer petition. 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.” 7. The Apex Court in a case of N.C.V. Aishwat7a 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 ofjustice 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 1 (2000) 10 see 304 ^ 2022 LiveLaw (SC) 627 Tr.C.M.P.No.333 of 2024 VGKR, J % 5 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 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, I am of the considered view that there are justifiable grounds to consider the request of the petitioner/wife to withdraw the H.M.O.P.No.34 of 2023, on the file of the Senior Civil Judge, Darsi, Prakasam District and transfer the same to the Judge, Family Court at Guntur. 10. In the result, the Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.34 of 2023, on the file of the Senior Civil Judge, Darsi, Prakasam District, is hereby withdrawn and transferred to the Judge, Family Court at Guntur. The learned Senior Civil Judge, Darsi, Prakasam District, shall transmit the case record in H.M.O.P.No.34 of 2023 to the Judge, Family Court at Guntur, 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 VNA sa\doo qs\pe6er 6 '•■‘S e\\0je\/Nl aBpnr jn^uno sBpnr o^QQauO ^ 0^ 00 ^ jo\u0S ®di ^ AwoiejaMi peseJd eJpuepO eMP^d londOl ‘ [ondol ujBSE^ieJd ■puisiQ ■pijisia ‘ OJL aaoiddo Noaoas „xdOO andJJ' ‘J8I1JB0 p0iuej6 J0PJO Lups^uj ‘suolwsd sno0UEii0OS!Ui ‘i0nb0S e sv SISOO 01 SB J0pjo OU jniuno IB pnoo Aiiuibj •pasop puBis HBps ‘Aub 1! puB BuipuBd Aub i! 0m Oe OVie ‘9303 e0-83 uo 0q iieqs 0J0Mi 9 r 'a>i9A nOZ P EEE'ON d'l^'^ -'-'- high court DATED;24/02/2025 f 12 MAR 2025 ^ Current Section ORDER TRCNlP.No.333 of 2024 allowing the TRCNIP