IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 377 OF 2024 Between: Turaka Lakshmi, W/o Venkata Siva, D/o.Vemula Nageswara Rao, Aged about 30 years, R/o.D.No.9/402-26, Balaramunipet, Machilipatnam, Krishna District. ...PETITIONER AND Turaka Venkata Siva, S/o Venkata Guruvulu, Aged about 45 years Diesel Mechanic, R/o D.N0.4-242A, Tallapalli Village, Macharla Mandal Palnadu District. ...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 pass orders by withdrawing the H.M.O.P. No. 78/2024 on the file of the Court of the Civil Judge (Senior Division), at Gurazala, Guntur District and same may be transferred to the Court of the Principal District Judge, Machilipatnam, Krishna District. 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 further proceedings in H.M.O.P. No. 78/2024 on the file of the Court of the Civil Judge (Senior Division), at Gurazala, ' Guntur District pending disposal of the Transfer Petition. lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pleased to amend with the Judge, Machilipatnam, Krishna District” in name of the Court ’’Principal Senior Civil the place of ’’Principal District Judge, Machiiipatnam, Krishna District" in the main Prayer and Affidavit in the main Transfer Civii Miscelianeous Petition in Tr.C.M.P.No. 377 /2024 and in all Interlocutory Applications. Counsel for the Petitioner: SRI NARASIMHA RAO GUDISEVA Counsel for the Respondent: None Appeared The Court made the following: ORDER THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO transfer civil miscellaneous petition No.377 of 2024 ORDER: Today when the matter is taken up for hearing, it is noticed that as per the endorsement of the Registry, the notice sent to the personally served on him. But, none appeared for the respondent. Therefore service held sufficient. respondent was 2. 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.78 of 2024, on the file of the Senior Civil Judge, Gurazala, Guntur District and transfer the same to the Principal District Judge Court, Machilipatnam, Krishna District. 3. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Vijayawada on 17.05.2009 as per Hindu rites and customs. During their wedlock, the petitioner and the respondent were blessed with three sons aged about 13 years, 11 years and 9 years respectively and are studying 9*^ class, 7‘^ class and 4*^ class in Balaji Vidyalayam, Machilipatnam. In view of the matrimonial disputes between both the parties, the petitioner/wife along with her sons are staying at her parents’ house at Machilipatnam, Krishna District. The petitioner pleaded that she had filed a Maintenance Case vide M.C.No.31 of 2024, on the file of the Judicial Magistrate of First CJass, Machilipatnam, seeking maintenance from the 2 respondent/husband and the same is pending for adjudication. The petitioner contend that to cause inconvenience to her, the respondent/husband has filed H.M.O.P.No.78 of 2024, on the file of the Senior Civil Judge, Gurazala, Guntur District, under Section 9 of the Hindu Marriage Act, 1955 seeking for restitution of conjugal rights. II. Learned counsel for the petitioner further contended that the petitioner being a woman having three sons aged about 13 years, 11 years and 9 years respectively, depending upon her parents, it is very difficult for her to travel at a distance of more than 200Kms from Machilipatnam, Krishna District to Gurazala, Guntur District without any male support and that she was constrained to file the present petition against the respondent/husband seeking to withdraw H.M.O.P.No.78 of 2024, on the file of the Senior Civil Judge, Gurazala, Guntur District and transfer the same to the Principal District Judge Court, Machilipatnam, Krishna District. Heard Sri T.Manikanta, learned counsel representing Sri Narasimha Rao Gudiseva, learned counsel for the petitioner. None appeared for the respondent. Perused the material available on record. 4. 5. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha’’ 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 ^ 2022 LiveLaw (SC) 627 3 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 paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer. ” economic 6 On 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. Therefore, this Court is of the considered view that there are grounds to consider the request of the petitioner/wife to withdraw H.M.O.P.No.78 of 2024, on the file of the Senior Civil Judge, Gurazala, Guntur District and transfer the same to the Principal Senior Civil Judge Court, Machilipatnam, Krishna District. In the result, the present petition is allowed and H.M.C.P.No.78 of 2024, on the file of the Senior Civil Judge, Gurazala, Guntur District, is hereby withdrawn and transferred to the Principal Senior Civil Judge Court, Machilipatnam, Krishna District. The Senior Civil Judge, Gurazala, Guntur District, shall transmit the case record in H.M.D.P.No.78 of 2024 to the Principal Senior Civil Judge Court, Machilipatnam, 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 the order. There shall be no order as to costs. 7. 4 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 Principal District Judge, Machilipatnam, Krishna District 2. The Civil Judge (Senior Division), at Gurazala, Guntur District. One CC to Sri Narasimha Rao Gudiseva Advocate [OPUC] Three CD Copies 3. 4. SAM vna HIGH COURT DATED:11/02/2025 ORDER TRCMP.No.377 of 2024 =5 0 <1 MAR 2025 Oi ^ . Current Section ^ ALLOWING THE TRCMP