APHC010444652024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] WEDNESDAY ,THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 378/2024 Between: Pedasanaganti Mydhili ...PETITIONER AND Chinta Pardhasaradhi ...RESPONDENT Counsel for the Petitioner: 1. G.V.K.L NARAYANA Counsel for the Respondent: 1. JOSYULA BHASKARA RAO The Court made the following: ORDER: 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 H.M.O.P.No.79 of 2024 on the file of the Principal Senior Civil Judge, Anakapalle, to the Senior Civil Judge, Tanuku, West Godavari District, for trial. 2. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent and the marriage of the petitioner with the respondent was solemnized on 07.12.2022 at Akkamamba Kalyana Mandapam, Relangi, West Godavari District, as per the Hindu Rites and Caste Customs.Due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately at her parents’ house at Relangi Village, Iragvaram Mandal, West Godavari District. The petitioner/wife pleaded that, she lodged a complaint against the respondent/husband dated 07.03.2024, in FIR No.54 of 2024, for the offences punishable under Section 498-A r/w Section 34 of I.P.C. and under Sections 3 & 4 of Dowry Prohibition Act, 1961, before Iragavaram Police Station, the same is pending for investigation. The petitioner/wife further pleaded that, she filed a Maintenance Case videM.C.No.64 of 2023, on the file of the I Additional Judicial Magistrate of First Class, Tanuku, West Godavari District, under Section 125(1)(a) of Cr.P.C., seeking monthly maintenance from the respondent/husband and she also filed a Domestic Violence Case vide D.V.C.No.19 of 2023on the file of the II Additional Judicial Magistrate of First Class, Tanuku, West Godavari District, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and all the three (3) cases are pending for adjudication before the competent Courts at Tanuku, West Godavari District. II.The petitioner/wife further pleaded that to cause unnecessary inconvenience to her, the respondent/husband had filedH.M.O.P.No.79 of 2024 on the file of the Principal Senior Civil Judge, Anakapalle, under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights and the same is also pending for adjudication. III.The petitioner/wife further pleaded that, she being a woman, residing separately and also depending upon her parents at Relangi Village, Iragavaram Mandal, West Godavari District, it is very difficult for her to travel at a distance of more than 230 Kms from Relangi Village to Anakapalle to attend the case proceedings on each and every adjournment without any male support and that she is constrained to file the present petition seeking transfer of H.M.O.P.No.79 of 2024 on the file of the Principal Senior Civil Judge, Anakapalle, to the Senior Civil Judge, Tanuku, West Godavari District. 3. Sri Josyula Bhaskar Rao, learned counsel for the respondent would contend that in case, if the Court is inclined to transfer the said case from Anakaplle to Tanuku, the personal appearance of the respondent herein i.e., petitioner in H.M.O.P.No.79 of 2024,may be dispensed with before the transferee Court. 4. Heard learned counsel appearing on both sides on record. 5. 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 at Relangi Village. She has instituted three (3) cases i.e., a criminal case under Section498-A r/w Section 34 of I.P.C., Maintenance Case and Domestic Violence Case against the respondent/husband herein at Tanuku and all the cases are pending for adjudication and the respondent/husband is also attending the case proceedings before the competent Courts at Tanuku, West Godavari District. The material on record further reveals that the respondent/husband has also instituted a case i.e., H.M.O.P.No.79 of 2024 on the file of the Principal Senior Civil Judge, Anakapalle, under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights and the same is also pending for adjudication. 7. The Apex Court in a case of N.C.V. AISHWARYA VS A.S. SARAVANA KARTHIK SHA1, held as follows: “9. The cardinal principles 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 by the aforesaid 1 2022 LiveLaw (SC) 627 case law and on considering the facts and circumstances of the case 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 H.M.O.P.No.79 of 2024 on the file of the Principal Senior Civil Judge, Anakapalle, to the Senior Civil Judge, Tanuku, West Godavari District. Further, on considering the submissions made by the learned counsel for the respondent that the respondent is a small private employee, in case, if the said case is transferred from Anakapalle to Tanuku, he will face some difficulties financially and he has to incur some expenses also. Therefore, I am of the opinion that it is desirable to dispense with the personal appearance of the respondent/husband herein i.e., the petitioner inH.M.O.P.No.79 of 2024 on the file of the Principal Senior Civil Judge, Anakapalle, before the transferee Court. 9. In the result, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.79 of 2024 on the file of the Principal Senior Civil Judge, Anakapalle, is hereby withdrawn and transferred to the Senior Civil Judge, Tanuku, West Godavari District. The learned Principal Senior Civil Judge, Anakapalle, shall transmit the case record in H.M.O.P.No.79 of 2024,to the Senior Civil Judge, Tanuku, 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 the order. Further the personal attendance of the respondent/husband i.e., the petitioner in H.M.O.P.No.79 of 2024 on the file of the Principal Senior Civil Judge, Anakapalle, has been dispensed with before the transferee Court i.e., Senior Civil Judge, Tanuku, West Godavari District. Both the parties are directed to appear before the Senior Civil Judge, Tanuku, West Godavari District, on 18.06.2025, at 10.30 a.m. Later the learned Senior Civil Judge, Tanuku, West Godavari District, is instructed not to insist for the personal appearance of the respondent herein i.e., the petitioner in H.M.O.P.No.79 of 2024,as long as his counsel is attending the Court proceedings and representing the case except on the day when re-conciliation proceedings are being taken up or on the day when his cross-examination is required to be recorded or on any other day when his personal appearance is required as directed by the learned Senior Civil Judge, Tanuku, West Godavari District. 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: 16.04.2025 CVD