IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITIONNO: 350 OF 2024 Between: Smt. Poduri Amulya, D/o. Pedapatnam Suryachandra Rao, W/o. Harish, Aged 27 years, Occ. House Wife, R/o. Sakhinetipalli Village and Mandal, 0pp. State Bank of India, Dr. B.R. Ambedkar Konaseema District. ...PETITIONER AND Poduri Harish, S/o. Satyanarayana, Aged 31 years, Occ. Govt. Employee, R/o. D.No.14-10-17, Ravuri Vari Street, Gunupudi, Bhimavaram Mandal, Bhimavaram, West Godavari District. ...RESPONDENT Petition under Section 24 of the C.P.C. is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to transfer the HMOP No.92/2024 in the court of the Hon’ble Civil Judge (Senior Division) Bhimavaram, West Godavari District to the Hon’ble Civil Judge (Senior Division), Razole, West Godavari District. (Dr. B.R. Ambedkar Konaseema District). #■ lA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the , Gircunistances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in HMOP No.92/2024 in the court of the Hon’ble Civil Judge (Senior Division) Bhimavaram, West Godavari District. J: Counsel for the Petitioner: SRI. G R SUDHAKAR Counsel for the Respondent: - The Court made the following ORDER: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.350 of 2024 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking the transfer of H.M.O.P.No.92 of 2024, on the file of the Senior Civil Judge, Bhimavaram, West Godavari District, to the Senior Civil Judge Court at Razole, Dr. B.R. Ambedkar Konaseema District, for trial. The case of the petitioner in brief is as follows: The petitioner is legally wedded wife of the respondent and their marriage was performed on 13.08.2022 at Sri Alluri Seetharamaraju Kshatriya Mandapam, Geetha Mandir, Sakhinetipalli Village, East Godavari District, as per Hindu Rites and Caste Customs. In view of the matrimonial disputes 2. I. in between both the spouses; she has been residing separately with her parents’ house at Sakhinetipalli Village, Dr. B.R. Ambedkar Konaseema District. The petitioner/wife pleaded that, she lodged a complaint against the respondent/husband and his family members in Crime No.58 of 2024 under Section 498-A of I.P.C. and under Sections 3 & 4 of Dowry Prohibition Act, 1961, before Sakhinetipalli Police Station, the is pending for investigation. The petitioner/wife further pleaded that, she filed a Maintenance Case vide 7^ Tr.C.M.P.No.350of2024 VGKR, J 2 M.C.No.7 of 2024, under Section 125 of Cr.P.C., seeking monthly maintenance from the respondent/husband and she also filed a Domestic Violence Case vide D.V.C.No.8 of 2024 on the file of the Judicial Magistrate of First Class, Razole, the said cases are pending for adjudication before the same Court at Razole, Dr. B.R. Ambedkar Konaseema District. II. The petitioner/wife further pleaded that, to cause unnecessary inconvenience to her, the respondent/husband filed H.M.O.P.No.92 of 2024, on the file of the Senior Civil Judge, Bhimavaram, West Godavari District, under Section 9 of Hindu Marriage Act, 1955, seeking restitution of conjugal rights and the same is also pending for adjudication. The petitioner/wife further pleaded that, the distance between Sakhinetipalli Village and Bhimavaram, is approximately 40 Kms, she being a women depending upon her parents, it is very difficult for her to travel from Sakhinetipalli Village to Bhimavaram to attend the case proceedings on each and every adjournment without any male support and that she sought transfer of H.M.O.P.No.92 of 2024, on the file of the Senior Civil Judge, Bhimavaram, West Godavari District, to the Senior Civil Judge Court at Razole, Dr. B.R. Ambedkar Konaseema District. Heard learned counsel for the petitioner. 3. Tr.C.M.P.No.350of 2024 VGKRJ 3 Though the notice sent to the respondent and the same was served on him. But, none appeared for the respondent. 4. Perused the material available on record. The material on record prima facie goes to show that, the petitioner/wife has been residing separately at her parents’ house at Sakhinetipalli Village. She has instituted three (3) cases i.e., 498-A, Maintenance Case and Domestic Violence Case against the respondent/husband herein and the said cases are pending before the Judicial Magistrate of First Class, Razole, Dr. B.R. Ambedkar Konaseema District and the respondent/husband is also attending the case proceedings before the said competent Court. The material on record further reveals that the respondent/husband has filed H.M.O.P.No.92 of 2024, on the file of the Senior Civil Judge, Bhimavaram, West Godavari District, under Section 9 of Hindu Marriage Act, 1955, seeking restitution of conjugal rights and the same is also pending for adjudication. The contention of the learned counsel for the petitioner is that, the petitioner/wife is staying separately at her parents’ house at Sakhinetipalli Village and the distance between Sakhinetipalli Village and Bhimavaram approximately 40 Kms, since the petitioner being a woman depending upon her parents, it is very difficult for her to travel from Sakhinetipalli Village to Bhimavaram to attend the case proceedings which is filed by the respondent/husband herein before 5. 6. IS Tr.C.M.P.No.350of2024 VGKR, J 4 the Senior Civil Judge, Bhimavaram, West Godavari 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 N.C.V. Aishwarya Vs 7. A.S.SaravanaKarthikSha'' held as follows; “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 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 8. for the petitioner and in view of the ratio laid down in the aforesaid case law 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 transfer the H.M.O.P.No.92 of 2024, on the file of 1 2022 LiveLaw (SC) 627 Tr.C.M.P.No.3S0of 2024 VGKRJ 5 the Senior Civil Judge, Bhimavaram, West Godavari District, to the Senior Civil Judge Court at Razole, Dr. B.R. Ambedkar Konaseema District. 9. In the result, the Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.92 of 2024, on the file of the Senior Civil Judge, Bhimavaram, West Godavari District, is hereby withdrawn and transferred to the Senior Civil Judge Court at Razole, Dr. B.R. Ambedkar Konaseema District. The learned Senior Civil Judge, Bhimavaram, West Godavari District, shall transmit the case record in H.M.O.P.No.92 of 2024 to the Senior Civil Judge Court at Razole, Dr. B.R. Ambedkar Konaseema 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. 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 CHITTI JOSEPH ASSISTANT REGIS R //TRUE COPY// S N OFFICER To, 1. The Civil Judge (Senior Division) Bhimavaram, West Godavari District. 2. The Civil Judge (Senior Division), Razole, West Godavari District. (Dr. B.R. Ambedkar Konaseema District). 3. One CC to Sri G R Sudhakar, Advocate [OPUC] 4. Three CD Copies Chp vna HIGH COURT DATED:10/02/2025 • V'l. *■:: E : v: / * <!>■ ORDER TRCMP.No.350 of 2024 % 1S FPq 2ns 1 ^ Conwu .McilUti . ALLOWING THE TRANSFER CIVIL MISCELLANEOUS PETITION