<■ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 97 OF 2024 AND TRANSFER CIVIL MISCILLENAEOUS PETITION NOS.353 & 363 OF 2Q2A TRCRLP NO: 97 OF 2024 Between: Srinivas Ramineni, S/o Ramineni Koteswara Rao, Aged 44 years, Occ: Software Employee, R/o United States of America, Rep. By its GPA Holder and Father Sri Koteswara Rao Ramineni, S/o Late Butchaiah, Aged 77 years, Occ: Retired Employee, D.N0.59A-8/2-3, Vasavi Nagar, Patamata, Vijayawada - 520 008, NTR District. Cell No. 9492274536 ...Petitioner AND 1. Lalitha Kumari Singaladevi, W/o. Srinivas Ramineni Ramakrishna Rao, R/o San Francisco, U.S.A, Aged 41 Employee, R/o D.No.46-11-41 Rajamahendravaram-533 103, 6303197939 Email lalitha.singaladevi@gmail Rep. its GPA Holder and Father S. Rama Krishna Venkata Ramayya, Aged 72 years, Agriculture, R/o D.No.46-11-41, D/o. Singaladevi years, Occ; Danavaipet, Batchuvari Street, East Godavari District. Cell No .com Rao, S/o. (late) X. # Batchuvari Veedi, Danavaipet Godavari District. Rep by Rajamahendravaram, East GPA Holder name and address added to the title as per the Court order dated 08.01.2025 TR.CRL.P.No.97 of 2024. respondent No.1 cause in I.A.No.3 of 2024 in s 2. The State of Andhra Pradesh of A.P. at Amaravati, Andhra Pradesh rep.by its Public Prosecutor, High Court ...Respondents Petition filed under section 407 (1) of Cr.P.C. order transfer of FCOP No. 218/2023 (Maintenance) on the file of Family Court, Rajamahendravaram, to the Family Court, Vijayawada along with FCOP Nol 83/2024 (divorce petition). I.A. NO: 2 OF 2024 may be pleased to to be tried Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to stay all further proceedings m FCOP No. 218/2023 on the file of Family Court, Rajamahendravaram pending disposal of the transfer petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri A Prosecutor on behalf Rajesh Babu, Advocate for the Sreedhar, Advocate for the Petitioner and the Public of the Respondent No.2 and of Sri P Respondent No. 1 Counsel for the Petitioner: Sri. A Sreedhar Counsel for the Respondent No.1: Sri P Rajesh Babu 5 # Counsel for the Respondent No.2: Public Prosecutor TRANS. CIVIL MISC.PETITION NO: 353 OF 2024 Between: Srinivas Ramineni, S/o Ramineni Koteswara Rao, Aged 44 years, Occ; Software Employee, R/o United States of America, Rep. By its GPA Holder and Father Sri Koteswara Rao Ramineni, S/o Late Butchaiah, Aged 77 years, Occ: Retired Employee, D.N0.59A-8/2-3, Vasavi Nagar, Patamata, Vijayawada - 520 008, NTR District. Cell No. 9492274536 ...Petitioner AND Lalitha Kumari Singaladevi, W/o. Srinivas Ramineni, D/o. Singaladevi Ramakrishna Rao, R/o San Francisco, U.S.A, Aged 41 years, Occ: Employee, R/o D.No.46-11-41 Danavaipet, Batchuvari Street, East Godavari District. Cell No Rajamahendravaram-533 103, 6303197939 Email lalitha.singaladevi@gmail.com Rep. its GPA Holder and Father S. Rama Krishna Rao, S/o. (late) Venkata Ramayya, Aged 72 years. Agriculture, R/o D.No.46-11-41, Batchuvari Street, Danavaipet, Rep by Rajamahendravaram, East Godavari District. GPA Holder name and address added to the respondent No.1 title as cause per the Court order dated 08.01.2025 in I.A.No.3 of 2024 ...Respondents Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be H pleased to order transfer of FCOP No. 183/2024 (divorce petition) on the file of Family Court, Rajamahendravaram to the Family Court, Vijayawada. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to stay all further proceedings in FCOP No. 183/2024 on the file of Family Court, Rajamahendravaram pending disposal of the transfer petition lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the General Power of Attorney Holder of the Petitioner to file the present Tr.CMP No.353 of 2024 on behalf of the petitioner. Counsel for the Petitioner: Sri. A Sreedhar Counsel for the Respondent: Sri P Rajesh Babu TRANS. CIVIL MISC.PETITION NO: 363 OF 2024 Between: Srinivas Ramineni, S/o Ramineni Koteswara Rao, Aged 44 years, Occ: Software Employee, R/o United States of America, Rep. By its GPA Holder and Father Sri Koteswara Rao Ramineni, S/o Late Butchaiah, Aged 77 years, Occ; Retired Employee, D.N0.59A-8/2-3, Vasavi Nagar, Patamata, Vijayawada - 520 008, NTR District. Cell No. 9492274536 ...Petitioner f AND Ramineni Lalitha Kumari @ Singaladevi Lalitha Kumari, W/o. Srinivas Ramineni, D/o. Singaladevi Ramakrishna Rao, R/o San Francisco, U.S.A, Aged 41 years, Occ; Employee, R/o D.No.46-11-41, Danavaipet, Batchuvari Street, Rajamahendravaram-533 103 District. Cell No 6303197939 Email lalitha.singaladevi@gmail.com East Godavari Rep. its GPA Holder and Father S. Rama Krishna Rao, S/o. (late) Venkata Ramayya, Aged 72 years. Agriculture, R/o D.No.46-11-41, Batchuvari Street, Danavaipet, Godavari District. Rep by Rajamahendravaram, East GPA Holder name and address added to the respondent No.1 title as per the Court order dated 08.01.2025 in I.A.No.3 of 2024 cause ...Respondents Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to order transfer of FCOP No. 232/2023 (restitution of conjugal rights) on the file of Family Court, Rajamahendravaram, to the Family Court, Vijayawada to be tried along with FCOP No. 183/2024 (divorce petition). lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the General Power of Attorney Holder of the Petitioner to file the present Tr.CMP and Tr.CrIP on behalf of the petitioner. lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be c c pleased to stay all further proceedings in FCOP No. 232/2023 on the file of Family Court, Rajamahendravaram pending disposal of the transfer petition. Counsel for the Petitioner: Sri. A Sreedhar Counsel for the Respondent: Sri P Rajesh Babu The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.97 of 2024 and TRANSFER CIVIL MISCELLANEOUS PETITION Nos.353 and 363 of 2024 COMMON ORDER: The petitioner in Tr.CrI.P.No.97 of 2024 filed the present petition under Section 407(1) of Code of Criminal Procedure, 1806, seeking to transfer F.C.O.P.No.218 of 2023, on the file of the Family Court, Rajamajhendravaram to the Family Court, Vijayawada. The petitioner in Tr.C.M.P.No.353 of 2024 filed the present petition under Section 24 of Code of Civil Procedure, 1908, seeking to transfer F.C.O.P.No.183 of 2024, on the file of the Family Court, Rajamahendravaram to the Family Court, Vijayawada. The petitioner in Tr.C.M.P.No.363 of 2024 filed the present petition under Section 24 of Code of Civil Procedure, 1908, seeking to transfer F.C.O.P.No.232 of 2023, on the file of the Family Court, Rajamahendravaram to the Family Court, Vijayawada. As the parties in all the three (03) Transfer Petitions are one and the same, therefore, these petitions are clubbed and a common order is being pronounced in the three (03) Transfer Petitions. 2 The case of the petitioners in brief is as follows; The marriage of the petitioner/husband by name Mr. Ramineni Srinivas with the respondent/wife by name Smt. Singaladevi Lalitha has been performed at Vijayawada on 30.12.2010 and thereafter the parties have shifted to United States of America. During their wedlock, the petitioner and the respondent were blessed with a male child aged about five (05) and he is a citizen of America. In view of the matrimonial issues the parties, the petitioner/husband has filed F.C.O.P.No.468 of 2023, on the file of the Family Court Vijayawada under Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking dissolution of marriage and the same is pending. It was further pleaded by the petitioner that the respondent/wife had lodged a complaint before Police and the same was registered under Sections 498-A, 506 r/w Section 3 & 4 of the Dowry Prohibition Act against the petitioner and his family members and she also filed F.C.O.P.No.232 of 2023, on the file of the Family Court, Rajamahendravaram, under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights. The petitioner/husband further pleaded that the respondent/wife has also filed F.C.O.P.No.218 of 2023, on the file of the Family Court, ^ Rajamahendravaram, seeking maintenance from the petitioner/hus band s and the same is pending. Learned counsel for the petitioner/husband contends that the respondent/wife has filed Tr.C.M.P.No.196 of 2023 before this Court 2. 1. years between both 3 seeking transfer of F.C.O.P.No.468 of 2023, on the file of the Family Court, Vijayawada to Family Court, Rajamahendravaram and this Court vide order dated 06.03.2024, allowed the transfer petition and the same is re-numbered as F.C.O.p.No.183 of 2024 by the Family Court Rajamahendravaram. Subsequently, the petitioner/husband filed Tr.C.M.P.No.287 of 2023, before this Court seeking transfer of F.C.O.P.No.232 of 2023, on the file of the Family Court Rajamahendravaram to the Family Court, Vijayawada and Tr.Crl.P.No.104 of 2023, seeking transfer of F.C.O.P.No.218 of 2023 on the file of the Family Court Rajamahendravaram to the Family Court, Vijayawada, wherein this Court after hearing the submissions made by learned counsel appearing for both sides and after considering the facts and circumstances, dismissed both the transfer petitions on 16.03.2024. Heard learned counsel appearing for both sides and perused the 3. record. Learned counsel of the petitioner/husband would contend that the 4. petitioner/husband is a citizen of United States of America and is working as a Software Employee and he came from the States to Vijayawada for prosecuting all the cases which are pending before the Courts in between petitioner and the respondent and as such requested this Court to dispense with the personal attendance of the petitioner/husband before the Court below and a direction may be given to the Judge, Family Court, Rajamahendravaram to dispose of all the aforesaid three cases within the time fixed by this Court. 4 Sri P.Rajesh Babu, learned counsel for the respondent/wife would contend that there are no grounds to consider the transfer petitions filed by the petitioner/husband and requested to dismiss all the three (03) transfer petitions. He represented his party is also inclined to prosecute the cases pending before the Family Court at Rajamahendravaram at the earliest point of time and he has no objection to give direction to the Judge, Family Court, Rajahmundry to dispose of the cases that are pending between the parties within a period of three (03) months and further as the respondent/wife is also a resident at States, he requested this Court to dispense with personal attendance of the respondent/wife and submitted that the respondent/wife would co-operate with the trial in all the three cases which are pending between the parties before the Court below. On considering the submissions made by the learned counsel appearing for both sides and in view of the fact that both the parties are the residents of the United States of America and further their son aged about five (05) years is an American Citizen and is under the custody of the respondent/wife, this Court feels it appropriate to dispose of all the three (03) transfer petitions filed by the petitioner/husband by directing the learned Judge i.e., the Judge, Family Court, Rajamendravaram, to dispose of all the three cases that are pending between the parties within a period of three (03) months from the date of receipt of a copy of the order. Further, as both the parties are residing at United Stated of America, this Court deems it appropriate to dispense with the personal attendance of both the parties 5. 6. r 5 before the Family Court, Rajamahendravaram, except on the days when their presence is required as per law. With the above observations, all the three (03) Transfer Petitions are disposed of by directing the learned Judge i.e., the Judge, Family Court, Rajamendravaram, to dispose of all the cases which are pending in between both the parties as stated supra, within a period of three (03) monthsfrom the date of receipt of a copy of the order. Further, the personal attendance of both the parties before the Family Court, Rajamahendravaram in all the three is hereby dispensed with, except on the days when their presence is 7. cases required as per law. 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/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTfON OFFICER x" 1. The Family Court, Rajamahendravaram, East Godavari District. 2. The Family Court, Vijayawada, Krishna District. 3. Stinivas Ramin^eni, S/o Ramineni Koteswara Rao, Aged 44 years, Occ: Software Employee, R/o United States of America, Rep. By its GPA Holder and Father Sri Koteswara Rao Ramineni, S/o Late Butchaiah, Aged 77 years, Occ: Retired Employee, D.N0.59A-8/2-3, Vasavi Nagar, Patamata, Vijayawada - 520 008, NTR District. Cell No. 9492274536 4. Lalitha Kumari Singaladevi, W/o. Srinivas Ramineni, D/o. Singaladevi Ramakrishna Rao, R/o San Francisco, U.S.A, Aged 41 years, Occ: Employee, R/o D.No.46-11-41, Danavaipet, Batchuvari Street, Rajamahendravaram-533 103, East Godavari District. Cell No 6303197939 Email lalitha.singaladevi@gmail.com 5. One CC to Sri A Sreedhar, Advocate [OPUC] 6. One CC to Sri P Rajesh Babu, Advocate [OPUC] 7. Three CD Copies To, SAM sree HIGH COURT DATED:24/03/2025 COMMON ORDER TRCRLP.No.97 of 2024 AND Tr.C.M.P Nos.353 AND 363 of 2024 a mar as Vf Section . DISPOSING OF THE TRCRLP.No.97 of 2024 DISPOSING OF THE Tr.C.M.P Nos.353 & 363 of 2024