J IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 346 OF 2024 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 H.M.O.P. No. 171 of 2024 on the file of the Principal Civil Judge (Senior Division) Kakinada, and transfer to Civil Judge (Senior Division) Nuzividu, Krishna District court Nujuvedu. or any competent court at Between: Smt. Baswani Nagamani, W/o.B.S. Nagendra Kuar, Hindu, Aged about 42 years, D/o. Tamma Sambha Siva Rao, R/o. D.No. 3-2 A, Arugolanu village, Bapulapadu Mandal, Nuzividum, Krishna District. ...Petitioner AND Baswani Seshu Nagendra Kumar, S/o. Late Thrimuthulu, Aged about 42 years, Hindu, R/o. D.No. 58-4-12, Boddu vari Street, Jagannadhapuram, Kakinada, East Godavari District. ...Respondent Counsel for the Petitioner: SRI PUWADI VENKATESWRALU Counsel for the Respondent: SRI GOPANA SUNIL KANTH KUMAR The Court made the following ORDER -: r m4 THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO , TRANSFER CIVIL MISCELLANEOUS PETITION No.34fi nf ?()7d - ORDER: , The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw H.M.O.P.No.171 of 2024, on the file of the Principal Senior Civil Judge, Kakinada, and transfer the same to the Senior Civil Judge’s Court, Nuzividu, Krishna District. The case of the petitioner in brief is as follows: The petitioner is none other than the wife of the respondent/husband and in view of the matrimonial disputes and the harassment made by her husband, she is staying at her parents house at Arugolanu Village of Babulapadu Mandal, Krishna District. She further pleaded that the petitioner gave birth to a male child now he is aged about 4 years and both are staying at Arugolanu Village of Babulapadu Mandal, Krishna District and she filed C.C.No.23 of 2023, M.C.No.39 of 2023 and D.V.C.No.14 of 2023 on the file of the II Additional Judicial Magistrate of First Class, at Nuzvid, against the respondent/husband and his family members and the respondent/husband is also attending the said three (03) cases. The petitioner/wife further pleaded that to cause inconvenience to her, the respondent/husband filed /• 2. I. 2 i H.M.O.P.No.171 of 2024 against the petitioner/wife on the file of the Principal Senior Civil Judge, Kakinada. The learned counsel for the petitioner further pleaded that the distance between the Arugolanu and Kakinada is approximately 200 Kms and she is unable to travel from Arugolanu to Kakinada on each and every adjournment and which leads to file the present transfer application. 3. Learned counsel for the respondent/husband would submit that it is not a fit case to consider the request of the petitioner/wife and the Transfer Civil Miscellaneous Petition may be dismissed. 4. Heard both sides. The material available on record, prima facie goes to show that the petitioner/wife has instituted three (03) cases i.e.. 5. D.V.C.No.14 of 2023, M.C.No.39 of 2023 and C.C.No.23 of 2023 before the competent Courts at Nuzvid against the respondent/husband and he is also attending the said three (03) cases. The material on record further reveals that the husband filed H.M.O.P.No.171 of 2024 against the petitioner/wife herein under Section 9 of Hindu Marriage Act, 1955, seeking restitution of conjugal rights and she further pleaded that since the distance between the Arugolanu and Kakinada is approximately 200 Kms, it is very difficult for her to travel from Arugolanu to Kakinada and that she was constrained to file the present transfer petitiop. 3 6. The Apex Court in a case of N.C.V. Aishwarya Vs 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. ” 7. After considering the submissions made by the learned counsel 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 considered than that of the / / inconvenience of the husband. Since the husband has been attending in three (03) cases before the II Additional Judicial Magistrate of First Class, Nuzvid, this Court is inclined to transfer H.M.O.P.No.171 of 2024, on the file of thePrincipal Senior Civil Judge, Kakinadato Senior Civil Judge’s Court, Nuzividu, Krishna District. ^ 2022 LiveLaw (SC) 627 4 8. In the result, the Transfer Civil MiscellaneousPetition is allowed and the H.M.O.P.No.171 of 2024, on the file of thePrincipal Senior Civil Judge, Kakinada,is hereby withdrawn and transferred to the Senior Civil Judge’s Court, Nuzividu, Krishna District. The learned Principal Senior Civil Judge, Kakinada, shall transmit the case record in H.M.O.P.No.171 of 2024 to the Senior Civil Judge’s Court, Nuzividu, Krishna 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 Senior Civil Judge’s Court, Nuzividu, Krishna District, on 06.02.2025, 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. SDI- B CHITTI JOSEPH ASSISTANT REGISTRAR \ //TRUE COPY// SECTION OFFICER To, 1. The Principal Civil Judge (Senior Division) Kakinada, East Godavari District. 2. The Civil Judge (Senior Division) Nuzividu, Krishna District 3. One CC to Sri Puvvadi Venkateswralu, Advocate [OPUC] 4. One CC to Sri Gopana Sunil Kanth Kumar, Advocate [OPUC] 5. Three CD Copies SD sree HIGH COURT DATE0:24/01/2025 i4 i: >■ ORDER TRCMP.No.346 of 2024 0 3 FEB zcr^ Current Section CO ALLOWING THE TR.C.M.P. WITHOUT COSTS