'f IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 248 OF 2023 Between: Gottipati Mrudhula, W/o.Gottipati Satyendra Nag R/o.C/o.Gollineni aged 36 years, D.No.40-9-1, Venkata Ramanayya, Gollinenivaripalem, Kammapalem, 4th Lane, Ongole. ...Petitioner AND Gottipati Satyendra Nag, S/o.Ramakrishna R/o.D.No.32-12-200, Sheela Nagar, BHPV Post, Visakhapatnam. Rao, aged 43 years ...Respondent Petition filed under Section 24 of the C.P.C. circumstances stated in the affidavit filed therewith pleased to withdraw the F.C.O.P.No.349 of 2023 the Judge, Additional Family Court-cum-V Additional District Judge Visakhapatnam, and transfer the Court, Prakasam District at Ongole. lA NO: 1 OF 2023 Praying that in the the High Court may be on the file of the Court of same to the Court of the Judge, Family Petition filed under Section circumstances stated in the affidavit filed i 151 CPC praying that in the in support of the petition, the High <5 Court may be pleased to stay a!! further proceedings i 2023, on the file of the Court of the Judge, Additional Family Court-cum-V Additional District Judge, Visakhapatnam. C n M D OA I . w. . I .1 y 9 of Counsel for the Petitioner :Sri Madhava Rao Nalluri Counsel for the Respondent :Sri Reddy Venkata Ramana The Court made the following: APHC010464682023 !N THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] mi THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 248/2023 Between; Gottipati Mrudhula ...PETITIONER AND Gottipati Satyendra Nag ...RESPONDENT Counsel for the Petitioner: 1.MADHAVA RAO NALLURI Counsel for the Respondent: 1. REDDY VENKATA RAMANA The Court made the following: ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw the F.C.O.P.No.349 of Family 2023, of the Additional the file on Court-cum-V Additional District Judge, Visakhapatnam, and transfer the same to the Judge, Family Court at Ongole, Prakasam District, for trial. 2. The case of the petitioner in brief is as follows: > I. The petitioner i IS none other than the wife of the r sspondent/husband and their marriage was performed on 14.04.2012 at Ongole , as per During their wed-lock period, the - in view of the matrimonial spouses; she has been residing along with Hindu Rites and Caste Customs. petitioner/wife blessed with a female child and i disputes in between both the her child at her parents’ house that, she filed Domestic Violence Case w, file of the II Additional Junior Civil pleaded that she filed at Ongole. The petitioner/wife pleaded - wcfe D.V.C.No.2 of 2021 on the Judge, Ongole, and she further a maintenance case vide F.C.M.C.No.39 of 2018 Prakasam Distrcit. and on the file of the Judge, Family Ongole, Prakasam District and on the file of the Judge, Family Court at Ongole she also filed G.W.O.P.No.35 of 2018, Court-cum-VIII Additional District Judge the same are pending for adjudication. The petitioner/wife further pleaded that, to cause unnecessary inconvenience to her, the respondent/husband has filed F.C.O.P.No.349 of 2023, on the file of the Additional Family Court-cum- V Additional District Judge. Visakhapatnam, under Section 13(1)(ia) of Hindu Marriage Act, 1955 seeking dissolution of the marriage. The petitioner/wife further contended that, the distance between Ongole and Visakhapatnam is approximately more than 500 Kms, she being a women depending upon her parents along with her child, it is very difficult for her to travel from Ongole to Visakhapatnam to attend the Court proceedings on each and every adjournment without any male support, and that she is seeking to withdraw the F.C,O.P.No.349 of 2023, on the file of the Additional Family Court-cum-V Additional District Judge, Visakhapatnam, and transfer the same to the Judge, Family Court at Ongole, Prakasam District. 3. Heard learned counsel appearing for both sides. 4. Perused the material available on record. The material on record prima facie goes to show that, the petitioner/wife has been residing along with her child at Ongole and she has instituted three (3) cases against the respondent/husband herein before the competent Courts at Ongole and the respondent is also attending the case proceedings before the said competent Courts at Ongole. It is also a fact that that the 5. respondent/husband filed has filed F.C.O.P.No.349 of 2023, on the file of the Additional Family Court-cum-V Additional District Judge, Visakhapatnam, under Section 13(1)(ia) of Hindu Marriage Act, 1955, seeking dissolution of the marriage, and the same is pending for adjudication. The contention of the learned counsel for the petitioner is that, the petitioner/wife is staying along with her child at her parents’ house at Ongole, the distance between the Ongole and Visakhapatnam is more than 500 kms, since the petitioner being a woman depending upon her parents along with her child, it is very difficult for her to travel from Ongole to Visakhapatnam to attend the divorce case proceedings before the Additional Family Court-cum-V Additional District Judge, Visakhapatnam, on each and every adjournment without any male support, and that she was constrained to file the present transfer petition. 6. The Apex Court in a HEERA', held by considering the fact that funds to visit the place where the divorce the transfer petition filed by the wife may be allowed. The Apex Court in a A.S.SaravanaKarthikSha^ held as follows. case of GEETA HEERA Vs HARISH GHANDER if a wife does not have sufficient s. petition is filed by her husband, then 7. case of N.C.V. Aishwarya Vs 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 Courts are called upon to consider the plea take into consideration the economic soundness of both wherever of transfer, the Courts have to the parties, the social strata of the spouses and their behavioural pattern, to the marriage and subsequent thereto their standard of life prior and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they prevailing socio- economic are seeking their sustenance to life. Given the 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 petitioner and in view of the ratio laid down in the aforesaid case laws that i matrimonial proceedings, the convenience of the counsel for the in wife has to be taken into consideration than that of the inconvenience of the husband. Therefore, I of the considered am view that there are justifiable grounds to consider the request of the petitioner/wife to withdraw the F.C.O.P.No.349 of 2023, on the file of the Additional Family Court-cum-V Additional District Judge ^ (2000) 10 see 304 ^ 2022 LiveLaw (SC) 627 Visakhapatnam, and transfer the sarrie to the Judge, Family Court at Ongoie Prakasam District. 9. In the result, the Transfer Civil Miscellaneous Petition is allowed and on the file of the Additional Family Court-cum-V Additional District Judge, Visakhapatnam, is hereby withdrawn and transferred the F.C.O.P.No.349 of 2023 to the Judge, Family Court at Ongoie, Prakasam District. The learned Judge Additional Family Court-cum-V Additional District Judge, Visakhapatnam transmit the case record shall in F.C.O.P.No.349 of 2023 to the Judge, Family Court at Ongoie, Prakasam District, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of of this order. Both the parties are directed to appear before the Judge, Family Court at Ongoie, Prakasam District, on 20.02.2025, at 10:30 a.m. There shall be no order as to costs. a copy As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. SD/- G HELA NAIDIT ASSISTANT REGIST^i^ //TRUE COPY// OFFICER cum-V Additional District Judge, SE To, 1. The Judge, Additional Family Court- Visakhapatnam, Visakhapatnam District. 2. The Judge, Family Court, Prakasam District at Ongoie. 3. Gottipsti Mrudhuls, W/o.Gottipsti Satyendra Nay, R/O-C/O-Gollinsrii Venkata Ramanayya, D.No.40-9-1, Gollinenivaripalem, Kammapalem, 4th Lane, Ongole. 4. Gottipati Satyendra Nag, S/o.Ramakrishna Rao, R/o.D.No.32-12-200, Sheela Nagar, BHPV Post, Visakhapatnam. 5. One CC to Sri Madhava Rao Nalluri Advocate [OPUC] 6. One CC to Sri Reddy Venkata Ramana Advocate [OPUC] 7. Three CD Copies BSV sree I ' w uir!;u r'rM idx ■ IIVJI I I DATED:23/01/2025 ORDER TRCI\/IP.No.248 of 2023 §■ 31 JAN 2125 I Current Seotlon ALLOWING THE TR.C.M.P. WITHOUT COSTS