4 > IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO * TRANS. CIVIL MISC.PETITION NO: 403 OF 2024 Petition Under Section 24 of the C.P.C. is filed Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to Transfer the above FCOP.No.1099/2024 on the file of the Court of the Family Jude, at Vijayawada to the Hon'ble court of Family Judge at Visakhapatnam . Between: Ayaluri Kameswari Prasanthi, W/o Manchavajjala Sri Shesha Sai Rama Krishna Chaitanya, D/o Ayaluri Naga Satynarayana Sarma, Hindu, Aged 26 years. House Wife, R/o Door No.10-108/1, Sujatha Nagar, Pendurthi, Visakhapatnam-530051 ...Petitioner/Respondent AND Manchavajjala Sri Shesha Sai Rama Krishna Chaitanya, S/o Late M. Amara Naranaya Gouri Sankar Babu, Age 27 Years, Employee, R/o. D.No.7-91/2, Vinayaka Temple Street, Godavarru Village, Kankipadu Mandal Krishna District. ...Respondent/Petitioner Counsel for the Petitioner: Sri. V Raja Manohar Counsel for the Respondents: None Appeared The Court made the following Order: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.403 of 2024 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to transfer the F.C.O.P.No.1099 of 2024 on the file of the Family Court, at Vijayawada to the Family Court at Visakhapatnam. The case of the petitioner in brief is as follows; 2. The petitioner is the wife of the respondent and in view of the (i) matrimonial disputes in between both the parties, the petitioner has been staying at her parents’ house in Pendurthi village of Visakhapatnam and she has instituted cases against the respondent i.e.. Maintenance Case in M.C.No.1809 of 2024, Domestic Violence Case in DVC G.R.No.5517 of 2024 before the competent Courts at Visakhapatnam and also filed a case under Section 7(1 )(c) of Family Court Act vide G.R.No.13212 of 2024 on the file of the Family Court at Visakhapatnam, and the same are pending. The petitioner further pleaded that to cause unnecessary (ii) inconvenience to her, the respondent/husband filed F.C.O.P.No.1099 of 2024 before the Family Court, at Vijayawada under Section 9 of Hindu Marriage Act for seeking Restitution of Conjugal Life. 5 (iii) The petitioner also pleaded that the distance between both the is approximately 350 to 400kms and it is very difficult for her to before the Court at Vijayawada on each and every adjournment and that she is constrained to file this application. places appear 3. Heard Sri V.Raj Manohar, learned counsel for the petitioner. Though notice served on the respondent, none appeared for the respondent. 4. The Apex Court in a case of Geeta Heera Vs Harish Chander Heera\ held by considering the fact that - if d wife does not have sufficient funds to visit the piace where the divorce petition is filed by her husband, then the transfer petition filed by the wife may be allowed.” 5. The Apex Court in a A.S.SaravanaKarthikSha^ held as follows: case of N.C.V. Aishwarya Vs 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 consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life are to take into prior to the marriage and subsequent thereto and the circumstances of both the parties 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.” in t206e) 10 see 304 ^ 2022 LiveLaw (SC) 627 «• * On considering the submissions made by the learned counsel for the 6. 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.1099 of 2024 on the file of the Family Court, at Vijayawada to the Family Court at Visakhapatnam. 7. In the result, the Transfer Civil Miscellaneous Petition is allowed and the F.C.C.P.No.1099 of 2024 on the file of the Family Court, Vijayawada is hereby withdrawn and transferred to the Family Court at Visakhapatnam. The learned Judge at Family Court, Vijayawada shall transmit the case record in F.C.C.P.No.1099 of 2024 to the Family Court at Visakhapatnam 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 REGISTf^ \ //TRUE COPY// SECTION OFFICER To 1. The Family Judge at Vijayawada. 2. The Family Judge at Visakhapatnam. 3. Ayaluri Kameswari Prasanthi, W/o Manchavajjala Sri Shesha Sai Rama Krishna Chaitanya, D/o Ayaluri Naga Satynarayana Sarma, Hindu, Aged 26years, House Wife, R/oDoorNo. 10-108/1, Sujatha Nagar, Pendurthi, Visakhapatnam-530051 4. Manchavajjala Sri Shesha Sai Rama Krishna Chaitanya, S/o Late M. Amara Naranaya Gouri Sankar Babu. Age 27 Years, Employee, R/o. D.No. 7-91/2, Vinayaka Temple Street, Godavarru Village, Kankipadu Mandal Krishna District. 5. One CC to Sri V. Raja Manohar, Advocate [OPUC] 6. Three CD Copies YM sree HIGH COURT DATED:09/01/2025 ORDER TRCMP.No.403 of 2024 ALLOWING THE TR.C.M.P. WITHOUT COSTS