IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 376 OF 2024 Between: Kunkulagunta Neha Rao, @ Neha, W/o. Kunkulagunta Mahesh C/o. Gidutoori Nitesh, R/o. SF-25, Sri Sai Residency, Near RTO Office, Konda Koppaka, Anakapalle, Andhra Pradesh - 531019 ...PETITIONER AND Kunkulagunta Mahesh, S/o. Kunkulagunta Venkata Ramana, R/o. D. No. 42-46-12, Block No. 46, Singh Nagar, Luna Center, Vijayawada, Krishna District, Andhra Pradesh - 520015 ...RESPONDENT 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 withdraw the F.C.O.P.No.252/2023 on the file of the IV Additional District and Sessions Judge, Vijayawada, Krishna District and transfer the same to any other competent court at Anakapalle, VisakhapatnamDistrict. 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 grant stay of all proceedings in F.C.O.P. No. 252/2023 on the - file of the IV Additional District and Sessions Judge, Vijayawada, Krishna ^i^ict pending disposal of this Transfer Petition. 4. Counsel for the Petitioner: SRI. KADIMISETTY SAI SREENADH Counsel for the Respondent: SRI MD SALEEM The Court made the following ORDER:- f- THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.376 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.252 of 2023 on the file of the IV Additional District and Sessions Judge, Vijayawada, Krishna District and transfer the same to any other competent Court at Anakapalle, Visakhapatnam District. The case of the petitioner in brief is as follows; 2. I. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Tenali on 03.05.2015 as per Hindu rites and customs. During their wedlock, the petitioner and the respondent were blessed with a daughter aged about 07 years. In view of the matrimonial disputes between both the parties, the petitioner/wife along with her daughter is staying at her parents’ house at Konda Koppaka, Anakapalle. The petitioner pleaded that she had lodged a complaint before the Disha Women Police Station, Anakapalle, under Section 498-A IPC and under Sections 3 & 4 of the Dowry Prohibition Act and the same was registered as Cr.No.66 of 2023 against the res^pndent/husband and his family members, which is pending for 2 investigation. The petitioner further pleaded that she had filed a Maintenance Case vide M.C.No.02 of 2024, on the file of the III Additional Junior Civil Judge Cum XIII Additional Metropolitan Magistrate, Anakapalle, against the respondent and his family members and the same are pending for adjudication. The petitioner contend that to cause inconvenience to her, the respondent/husband has filed F.C.O.P.No.252 of 2023 on the file of the Judge, Family Court, Vijayawada under Section 13(1)(ia) and i(b) of the Hindu Marriage Act, 1955 seeking for dissolution of marriage. Learned counsel for the petitioner further contended that the petitioner being a woman having a daughter aged about seven (07) years, depending upon her parents, it is very difficult for her to travel at a distance of more than 330 Kms from Anakapalle to Vijayawada without any male support and that she was constrained to file the present petition against the respondent/husband seeking to withdraw F.C.O.P.No.252 of 2023 on the file of the IV Additional District and Sessions Judge, Vijayawada, Krishna District and transfer the same to any other competent Court at Anakapalle, Visakhapatnam District. II. Heard Sri Kadimisetty Sai Sreenadh, learned counsel for the petitioner and Sri Md.Saleem, learned counsel appearing for the respondent. Perused the material available on record. 4. 3 The material on record prima facie shows that, in view of the matrimonial disputes between both the parties, the petitioner/wife along with her daughter is staying at her parents’ house at Konda Koppaka, Anakapalle. The petitioner contend that she had filed a Maintenance Case before competent Court at Anakapalle against the respondent and his family members and the respondent is attending the Court proceedings in the aforesaid cases. The petitioner further contended that the distance in between Anakapalle and Vijayawada is approximately more than 330 Kms and that the petitioner/ wife is constrained to file the present Transfer Petition. The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER HEERA \ held by considering the fact that “if 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.” The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha^ held as follows; 5. 6. 7. “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 ^ (2000) 10 see 304 ^ 2022 LiveLaw (SC) 627 4 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 counsel for the petitioner and in view of the ratio laid down 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/wife to withdraw F.C.O.P.No.252 of 2023 on the file of the IV Additional District and Sessions Judge, Vijayawada, Krishna District and transfer the same to Senior Civil Judge Court at Anakapalle, Visakhapatnam District. 9. In the result, the present petition is allowed F.C.C.P.No.252 of 2023 on the file of the IV Additional District and Sessions Judge, Vijayawada, Krishna District, is hereby withdrawn and transferred to the Senior Civil Judge Court, Anakapalle. The IV Additional District and Sessions Judge, Vijayawada, Krishna District, shall transmit the case record in F.C.C.P.No.252 of 2023 to the Senior Civil Judge Court, Anakapalle duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of the order. Both the parties are directed to appear before the Senior Civil Judge Court, Anakapalle, on 13.03.2023 at 10.30 a.m. There shall be no order as to costs. 5 As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. Sd/- U SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Judge, Family Court, Vijayawada. 2. The IV Additional District and Sessions Judge, Vijayawada, Krishna District. 3. The Civil Judge’s (Senior Division) Court, Anakapalle, Visakhapatnam District. 4. The XI Metropolitan Magistrate, Anakapalle, Visakhapatnam District. 5. The Station House Officer, Disha UPS, Anakapalli Police Station, Anakapalli, Visakhapatnam District. 6. Kunkulagunta Neha Roa, @ Neha, W/o. Kunkulagunta Mahesh C/o. Gidutoori Nitesh, R/o. SF-25, Sri Sai Residency, Near RTO Office, Konda Koppaka, Anakapalle, Andhra Pradesh - 531019 7. Kunkulagunta Mahesh, S/o. Kunkulagunta Venkata Ramana, R/o. D. No. 42-46-12, Block No. 46, Singh Nagar, Luna Center, Vijayawada, Krishna District, Andhra Pradesh - 520015 8. One CC to SRI. KADIMISETTY SAI SREENADH Advocate [OPUC] 9. One CC to SRI. MD SALEEM Advocate [OPUC] 10. Three CD Copies RDB vna HIGH COURT DATED:29/01/2025 ORDER TRCMP.No.376 of 2024 ALLOWING THE TRANSFER CIVIL MISCELLANEOUS PETITION