APHC010510022024 I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 388 OF 2024 Between: V.Sirisha, W/o.V.V.Ranjith Kumar, D/o.Late Joseph, aged 41 years, C/o.N.Mohan Deepak, R/o.Dr.No.7-91-160/3, 4*^ Line, Hema Mini Street, Vasantharayapuram, Guntur, Guntur District. ...Petitioner AND Varikuti Varadamani Ranjith Kumar, S/o.Srinivasa Rao, aged 44 years, Occ: Private Employee, R/o.Upparapalem, Santhapeta, SPSR Nellore District. ...Respondent Petition filed 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 D.O.P.No.578 of 2024 on the file of the Court of the VIII Additional District Judge, Nellore, Nellore District and transfer the same to the District Court at Guntur, Guntur District for adjudication and disposal. lA NO: 1 OF 2024 Petition filed 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 all further proceedings in D.O.P.No.578 of 2024 on the file of the Court of the VIII Additional District Judge, Nellore, Nellore District, pending disposal of the above Tr.C.M.P. Counsel for the Petitioner; Sri J.JanakIrami Reddy Counsel for the Respondent:Ms.Madalasa Mannava, representing Sri Sravan Kumar Mannava The Court made the following: ¥ THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.388 of 2024 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw D.O.P.No.578 of 2024, on the file of the court of VIII Additional District Judge, Nellore, Nellore District and transfer the same to the District Court at Guntur, Guntur District. The case of the petitioner in brief is as follows; 2. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Nellore on 21.07.2004 as per Christian rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Vasantharayapuram, Guntur District and depending upon the mercy of her parents. The petitioner pleaded that she had lodged a complaint before the Disha Women Police Station, Guntur vide Cr.No.325 of 2022 under Section 498-A IPC and under Sections 3 and 4 of the Dowry Prohibition Act and the same was numbered as C.C.No.1254 of 2023, on the file of the V Additional Judicial Magistrate of First Class at Guntur and the same is pending for adjudication. The petitioner further pleaded that she had also filed a Domestic Violence Case vide D.V.C.No.63 of 2023, on the file of the Special Mobile Court, Guntur and the respondent is attending the Court proceedings in the aforesaid cases before I. 2 the competent Courts at Guntur. The learned contend that counsel for the petitioner would to cause inconvenience to the petitioner, the respondent/husband filed D.O.P.No.578 of 2024 Additional District Judge, Nellore, Nellore on the file of the Vlll! District, under Section 32 of the \ Divorce Act, 1869, seeking for restitution of conjugal rights. Learned counsel for the petitioner further contended II. that the petitioner being a woman, depending upon the mercy of her parents, it is very difficult for her to travel at a distance of more than 240 Kms from Guntur District to Nellore District for attending the District Judge, Nellore, Nellore case proceedings before the learned Vlll Additional District, on each and adjournment without any male support and that she every date of was constrained to file the seeking to withdraw on the file of the Court of Vlll Additional District Judge, same to the District Court at Guntur, present petition against the respondent/husband D.O.P.No.578 of 2024 Nellore, Nellore District and transfer the Guntur District. 3. Heard Sri J.Janakirami Reddy, learned Ms. Madalasa Mannava, learned counsel counsel for the petitioner and representing Sri Sravan Kumar Mannava, learned counsel for the respondent through virtual hearing. Perused the material available on record. 4. The material on record phma facie goes to show that in view of the between both the matrimonial disputes Vasantharayapuram, Guntur District Cr.No.325 of 2022 under Section 498-A parties, the petitioner/wife and she had lodged a Criminal Case vide I PC and under Sections 3 and 4 of the 3 Dowry Prohibition Act and the same was numbered as C.C.No.1254 of 2023, on the file of the V Additional Judicial Magistrate of First Class at Guntur and a Domestic Violence Case vide D.V.C.No.63 of 2023, on the file of the Special Mobile Court, Guntur and the respondent is attending the Court proceedings in the aforesaid cases before the competent Courts at Guntur. The respondent/husband has filed D.O.P.No.578 of 2024, on the file of the VIII Additional District Judge, Nellore, Nellore District, under Section 32 of the Divorce Act, 1869, seeking for restitution of conjugal rights. The Apex Court in a case of N.C.V. Aishwaiya Vs A.S.Saravana Karthik Sha^ held as follows: 5. “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 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 paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.” \ 6. On considering the submissions made by the learned counsel appearing for both sides 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 ^ 2022 LiveLaw (SC) 627 4 D.O.P.578 of 2024, Nellore District and transfer the on the file of the Court of VIII Additional District Judge, Nellor same to the Family Court at Guntur District. 7. In the result, the present petition is allowed and D.O.P.578 of 2024 of the Court of VIII Additional District Judge, Nellore, Nellore District, is hereby withdrawn and transferred to the Family Court at Guntur District Judge, Nellore, Nellore District of 2024 to the Family Court at Guntur District possible preferably within a period of two (02) weeks from on the file District. The VIII Additional shall transmit the case record in D.O.P.578 duly indexed as expeditiously as the date of receipt of a copy of the order. Both the parties are directed to appear before the Family Court at Guntur District on 30.07.2025 at 10.30 a.m. There shall be no order as to costs. As a sequel, miscellaneous petitions granted earlier, if any, shall stand closed. if any pending and the Interim order Sd/- N NAGAMMA ASSISTANT REGISTRAR \ //TRUE COPY// S^ION OFFICER To 1. The VIII Additional District Judge, Nellore, Nellore District. 2. The Judge, Family Court, Guntur, Guntur District. 3. V.Sirisha, W/o.V.V.Ranjith Kumar, Deepak, R/o.Dr.No.7-91-160/3, 4‘^ Vasantharayapuram, Guntur, Guntur District. D/o.Late Joseph, C/o.N.Mohan Line, Hema Mini Street, 4. Varikuti Varadamani Ranjith Kumar, S/o.Srinivasa Rao, Occ; Private Employee, R/o.Upparapalem, Santhapeta, SPSR Nellore District. 5. One CC to Sri J.Janakirami Reddy, Advocate [OPUC] 6. One CC to Sri Sravan Kumar Mannava, Advocate [OPUC] 7. Two CD Copies BSV HIGH COURT DATED:26/06/2025 \ ORDER TRCWIP No.388 of 2024 ALLOWING THE TR.CMP WITHOUT COSTS