IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI I THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 365 OF 2024 Petition Under Section 24 of the C.P.C. is filed Praying that in the circumstances stated in the affidavit filed there with, the High Court may be pleased to allow the TRCMP by withdrawing F.C.O.P No. 160 of 2023 from Family Court Cum IX Additional District Judge, East Godavari District, Rajamahendravaram and to transfer the same to the XIV Additional District Judge -Cum- Family Court, Vijayawada. Between; Garikina @ Botta Sai Priya, W/o. Garikina Nagendra Kumar, D/o. Botta Srinivasa Prasad, Hindu, Age 31 years, R/o. Flat No. B-10, B-Block, Near Benz Circle, P and T Quarters Vijayawada-520 010, Krishna District. MG Road, Chandramoulipuram ...Petitioner AND Garikina Nagendra Kumar, S/o. Nageswara Rao, Hindu, Age 31 R/o. years Aryapuram D.No. 12-12-25/13, Ramayya Rajamahendravaram, East Godavari District. Dhibba, ...Respondent Counsel for the Petitioner: SRI S. BALA MOHAN RANGA Counsel for the Respondent: SRI N. SIVA GANESH The Court made the following ORDER:- 1 % THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.365 of 2024 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw F.C. O.P.No.160 of 2023 on the file of the Family Court-cum-IX Additional District Judge, East Godavari District, Rajamahendravaram and to transfer the same to the XIV Additional District Judge-Cum-Family Court, Vijayawada. 2. The case of the petitioner in brief is as follows: Due to the matrimonial disputes in between the spouses, the petitioner/wife is has been staying at her parents house at Vijayawada and that she has also filed 498-IPC case at Krishnalanka Police Station at Vijayawada, which is pending against the respondent. The petitioner further pleaded that she has no source of income and she is unable to maintain herself and is totally dependent upon her parents. i] [ii: [iii] The petitioner also pleaded that to cause inconvenience to the petitioner/wife, the respondent/husband filed F.C.O.P.No.160 of 2023 before the Family Court at Rajamahendravaram under Section 9 of Hindu Marriage Act, for Restitution of Conjugal Rights. The petitioner further pleaded that the distance between Vijayawada and Rajamahendravaram is approximately 170Kms and it is [iii] 2 5/' very difficult for her to appear before the Court at Rajamahendravaram on each and every adjournment without any male support and that she is constrained to file this application. Heard Sri S.Bala Mohan Ranga, learned counsel for the petitioner. Though the matter has been listed today under the caption ‘for orders appeared for the respondent. 3. none 4. Perused the record. The material on record prima facie shows that due to matrimonial disputes between both the parties, the petitioner/wife has been staying at her parents house at Vijayawada and the respondent herein filed F.C.O.P.No.160 of 2023 on the file of the Family Court-cum-IX Additional District Judge, East Godavari District, Rajamahendravaram seeking Restitution of Conjugal Rights. 5. Though the respondent engaged a counsel and despite affording an opportunity to the counsel for filing counter, no counter has been filed and though the matter has been listed under the caption ‘for orders’ today, none appeared for the respondent. 6. The Apex Court in a case of Geeta Heera Vs Harish Chander Heera\ held by considering the fact that - “/7 a wife does not have sufficient funds to visit the place where the divorce petition is filed by her husband, then the transfer petition filed by the wife may be allowed.” 7. ^ (2000) 10 see 304 3 S N.C.V. Aishwarya Vs 8. The Apex Court in a case of 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 of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts 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 for the petitioner and in view of the ratio laid down by the Apex Court in the aforesaid case laws that in matrimonial proceedings, the convenience of the wife has to be considered than that of the inconvenience of the husband. Therefore, this Court is of the considered view that there are grounds to consider the request of the petitioner to transfer the F.C. C.P.No.160 of 2023 on the file of the Family Court-cum-IX Additional District Judge, East Godavari District, Rajamahendravaram to the XIV Additional District Judge- are 9. Cum-Family Court, Vijayawada. In the result, the Transfer Civil Miscellaneous Petition is allowed and the F.C.C.P.No.160 of 2023 on the file of the Family Court-cum-IX Additional District Judge, East Godavari District, Rajamahendravaram is 10. ^ 2022 LiveLaw (SC) 627 4 hereby withdrawn and transferred to the Court of to the XIV Additional District Judge-Cum-Family Court, Vijayawada. The learned Judge at Family Court, Rajamahendravaram shall transmit the case record in F.C.O.P.No.160 of 2023 to the Court of XIV Additional District Judge-Cum- Family Court, Vijayawada, 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 REGISTRAR \ //TRUE COPY// OFFICER SEC To, The Family Court - Cum - IX Additional District Judge, East Godavari District, Rajamahendravaram. The XIV Additional District Judge -Cum- Family Court, Vijayawada One CC to Sri S Bala Mohan Ranga, Advocate [OPUC] One CC to Sri Siva Ganesh N., Advocate [OPUC] Garikina (g Botta Sai Priya, W/o. Garikina Nagendra Kumar, D/o. Botta Srinivasa Prasad, Hindu, Age 31 years, R/o. Flat No. B-10, B-Block, Near Benz Circle, P and T Quarters, MG Road, Chandramoulipuram, Vijayawada-520 010, Krishna District. 1. 2. 3. 4. 5. Garikina Nagendra Kumar, S/o. Nageswara Rao, Hindu, Age 31 years, Aryapuram, 6. Ramayya Rajamahendravaram, East Godavari District. Three CD Copies R/o. D.No.12-12-25/13, Dhibba 7. SD sree HIGH COURT DATED:09/01/2025 ORDER TRCMP.No.365 of 2024 2 1 JAN 2C?5 i \o Co . Current Section ALLOWING THE TR.C.M.P. WITHOUT COSTS