APHC010451372024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] THURSDAY ,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 85/2024 Between: Vallepu Derangula Lakshmi Krishna Veni, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. VELAGANI NARASIMHULU Counsel for the Respondent(S): 1. VINOD KUMAR PEMMASANI 2. PUBLIC PROSECUTOR The Court made the following: ORDER: The petitioner/wife herein filed the present petition under Section 407 of Code of Criminal Procedure, 1973, seeking to withdraw F.C.O.P.(M.C.) No.206 of 2024 on the file of the XII Additional District Judge-cum-Family Judge, Guntur and transfer the same to the Judicial Magistrate of First Class- cum-Junior Civil Judge, Podili, Prakasam Judicial 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 No.2 and their marriage was performed on 22.11.2020, as per Hindu Rites and Caste Customs. During their wedlock period, the petitioner and the respondent No.2 were blessed with a child. In view of the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her male child aged about 1½ year at her parents’ house at Pothavaram Village, Prakasam District. The petitioner/wife pleaded that, previously on the days when she has been residing at Guntur, she has instituted a Maintenance Case against the respondent/husband No.2vide F.C.O.P.(M.C.)No.206 of 2024 under Section 125 of Cr.P.C., on the file of the XII Additional District Judge- cum-Family Judge, Guntur, seeking monthly maintenance for herself and her child from the respondent/husband No.2 and the same is pending for adjudication. The petitioner further pleaded that subsequently, she shifted her residence to their native district i.e., Pothavaram Village, Prakasam Judicial District for their livelihood by doing the labour work and that she is constrained to file the present petition. 3. Learned counsel for the respondent No.2 would contend that, as per his client information, currently the petitioner/wife herein is residing at Guntur. 4. Learned counsel for the petitioner would contend that he has filed a prima facie material i.e., reply affidavit before the Registry to show that the petitioner/wife herein has been residing along with her child at Pothavaram Village, Prakasam District. 5. Heard learned counsel appearing on both sides on record. 6. As seen from the material available on record, it is not in dispute that the petitioner/wife has instituted a Maintenance Case vide F.C.O.P.(M.C.)No.206 of 2024 under Section 125 of Cr.P.C on the file of the XII Additional District Judge-cum-Family Judge, Guntur, seeking monthly maintenance from the respondent/husband No.2 and the same is pending for adjudication and later the petitioner/wife shifted her residence from Guntur to Podili, Prakasam District. Now the petitioner herein filed the present petition seeking transfer of the said maintenance case from Guntur to Podili, Prakasam Judicial District. 7. On considering the material available on record, since the maintenance case filed by the petitioner/wife for herself and her child aged about 1½ year. I am of the considered view that, it is just and necessary to consider the request made by the petitioner/wife herein seeking to withdraw F.C.O.P.(M.C.) No.206 of 2024 on the file of the XII Additional District Judge-cum-Family Judge, Guntur and transfer the same to the Judicial Magistrate of First Class- cum-Junior Civil Judge, Podili, Prakasam Judicial District. 8. It is represented by the learned counsel for the respondent No.2 that the respondent No.2 herein is working as a recovery agent in State Bank of India (SBI) at Guntur, if in case, the said maintenance case is transferred from Guntur to Podili, the personal appearance of the petitioner i.e., respondent in F.C.O.P.(M.C.) No.206 of 2024 may be dispensed with before the transferee Court i.e., Judicial Magistrate of First Class-cum-Junior Civil Judge, Podili, Prakasam Judicial District. On considering the submissions made by the learned counsel for the respondent No.2 that the respondent No.2 is a recovery agent in State Bank of India (SBI) working at Guntur, therefore, this Court is of the opinion that it is desirable to dispense with the personal attendance of the respondent/husband No.2 i.e., the respondent in F.C.O.P.(M.C.) No.206 of 2024 on the file of the XII Additional District Judge- cum-Family Judge, Guntur, before the transferee Court i.e., Judicial Magistrate of First Class-cum-Junior Civil Judge, Podili, Prakasam Judicial District, expect on the days when his presence is required before the transferee Court as per law. 9. In the result, the Transfer Criminal Petition is allowed and F.C.O.P.(M.C.) No.206 of 2024, on the file of the XII Additional District Judge- cum-Family Judge, Guntur, is hereby withdrawn and transferred to the Judicial Magistrate of First Class-cum-Junior Civil Judge, Podili, Prakasam Judicial District. The learned XII Additional District Judge-cum-Family Judge, Guntur, shall transmit the case record in F.C.O.P.(M.C.) No.206 of 2024 to the Judicial Magistrate of First Class-cum-Junior Civil Judge, Podili, Prakasam Judicial 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 No.2 i.e., the respondent in F.C.O.P.(M.C.) No.206 of 2024 on the file of the XII Additional District Judge- cum-Family Judge, Guntur, has been dispensed with before the transferee Court i.e., Judicial Magistrate of First Class-cum-Junior Civil Judge, Podili, Prakasam Judicial District. Both the parties are directed to appear before the Judicial Magistrate of First Class-cum-Junior Civil Judge, Podili, Prakasam Judicial District, on 05.05.2025, at 10.30 a.m. Later, the learned Judicial Magistrate of First Class-cum-Junior Civil Judge, Podili, Prakasam Judicial District, is directed not to insist for the personal appearance of the respondent No.2 herein i.e., the respondent in F.C.O.P.(M.C.) No.206 of 2024, as long as his counsel is attending the court proceedings and representing the case except on the days his personal appearance is required as directed by the Judicial Magistrate of First Class-cum-Junior Civil Judge, Podili, Prakasam Judicial 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: 03.04.2025 CVD