IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO IRANSFER CIVIL MISCELLANEOUS PETITION No.413 nf 2024 Between; Smt. Kalisetti Suneetha. W/o.Kalisetti Lokesh, D/o.Pinninti Srinivasarao, Aged about 27 R/o.D.No.9/380-4-2, years, Machilipatnam-521 001, Krishna District. Balaramunipeta ...PETITIONER/RESPONDENT AND Kalisetti Lokesh, S/o.Kalisetti Applanaidu, Aged about 31 R/o.Quarter No.JS-04/407, Naushakthi Vihar, Meghadripeta, Visakhapatnam - 530008. years. ...RESPONDENT/PETITIONER 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 FCOP No. 1919 of 2024 from the Court of II Additional Family Judge, at Visakhapatnam to the Additional District Judge- cum-Family Judge, at Machilipatnam, Krishna District. concerned Hon'ble Court of lA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings, including the appearance of the Petitioner, in FCOP No. 1919 of 2024 on the file of the Court of II Additional Family Judge, at Visakhapatnam, pending disposal of the main Tr.C.M.P. Counsel for the Petitioner : SRI AKULA VAMSI KRISHNA Counsel for the Respondent : SRI JADA SRAVAN KUMAR The Court made the following ORDER : 0 THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.413 of 2024 ORDER: The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of F.C.O.P.No.1919 of 2024 on the file of the II Additional Family Judge at Visakhapatnam, to the concerned Court of Additional District Judge-cum-Family Judge, at Machilipatnam, Krishna District, for trial. The case of the petitioner in brief is as follows: 2. I. The petitioner is the legally wedded wife of the respondent and the marriage of the petitioner with the respondent was performed on 18.03.2020 at Coasta Village, Visakhapantam, as per the Hindu Rites and Caste Customs. The petitioner/wife herein pleaded that, due to the matrimonial disputes between both the spouses, the petitioner/wife is staying separately at her parents’ house at Machilipatnam, Krishna District. The petitioner/wife further pleaded that, she lodged a complaint dated 14.09.2024, against the respondent/husband in Crime.No.73 of 2024, under Section 85 of B.N.S. Act, 2023 (498-A of I.P.C.) and under Sections 3 and 4 of Dowry Prohibition Act, 1961, before Mahila Police Station, Machilipatm, the same is pending for investigation. The petitioner/wife further pleaded that, she filed a Maintenance Case vide VGKR,J Tr.C.M.P.No.413of2024 2 M.C.No.65 of 2024, on the file of the II Additional Judicial Magistrate of First Class at Machilipatnam, seeking monthly maintenance from the respondent/husband and the same is pending for adjudication. 11. The petitioner/wife further pleaded that, to cause unnecessary inconvenience to her, the respondent/husband filed F.C.O.P.No.1919 of 2024 on the file of the II Additional Family Judge at Visakhapatnam, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking dissolution of the marriage and the same is also pending for adjudication. The petitioner/\A/ife would further pleaded that, she being a woman and residing separately at her parents’ house at Machilipatnam, it is very difficult for her to travel at a distance of more than 350 Kms from Machilipatnam to Visakhapatnam to attend the divorce proceedings without any male support and that she was constrained to file the present petition seeking transfer of F.C.O.P.No.1919 of 2024 the file of the II Additional Family Judge at Visakhapatnam, to the concerned Court of Additional District Judge-cum-Family Judge, at Machilipatnam, Krishna District. III. case on 3. Heard learned counsel appearing on both sides. 4. Learned counsel for the respondent would contend that, the respondent/husband herein working as a Sailor in Indian Navy. 5. Perused the material available on record. VGKR, J Tr.C.M.P.No.413of2024 ^ € 3 6. The material on record prima facie goes to show that, the petitioner/wife has been residing separately at her parents’ house at Machilipatnam. She has instituted two (2) cases i.e., 498-A and Maintenance Case against the respondent/husband herein and the said two (2) cases are pending for adjudication before the II Additional Judicial Magistrate of First Class Machilipatnam, Krishna District and the respondent/husband herein is also attending the case proceedings before the said Court. The material on record further reveals that the respondent/husband has filed F.C.O.P.No.1919 of 2024 on the file of the II Additional Family Judge at Visakhapatnam, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking dissolution of the marriage and the same is also pending for adjudication. The contention of the learned counsel for the petitioner is that, the petitioner/wife is residing separately at her parents’ house at Machilipatnam, the distance between the Machilipatnam and Visakhapatnam is more than 350 kms, since the petitioner being a woman depending upon her parents, it is very difficult for her to travel from Machilipatnam to Visakhapatnam to attend the divorce case proceedings filed by the respondent/husband herein, which is pending before the II Additional Family Judge at Visakhapatnam, on each and every adjournment without any male support and that she was constrained to file the present transfer petition. VGKR, J Tr.C.M.P.No.413 of2024 .9 4 7. 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.” 8. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha^ held as follows: “9. The cardinal principle fsor 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 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. ” economic 9. 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 and on considering the facts and circumstances of the case, that in matrimonial proceedings, the convenience of the wife has to be taken into ^ (2000) 10 see 304 ^ 2022 LiveLaw (SC) 627 VGKR, J Tr.C.M.P.No.413 of 2024 5 consideration than that of the inconvenience of the husband. It is also further clear that the petitioner/wife has been residing separately at her parents’ house and depending upon her parents’ at Machilipatnam. Therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, seeking transfer of F.C.O.P.No.1919 of 2024 on the file of the II Additional Family Judge at Visakhapatnam, to the Principal Senior Civil Judge Court at Machilipatnam, Krishna District. 10. Considering the submissions made by the learned counsel for the respondent that, the respondent/husband herein is working as a Sailor in Indian Navy and it is very difficult for him to appear the Court proceedings before the Principal Senior Civil Judge Court at Machilipatnam, Krishna District. The personal attendance of the respondent herein i.e., the petitioner in F.C.O.P.No.1919 of 2024 on the file of the II Additional Family Judge at Visakhapatnam, has been dispensed with before the transferee Court i.e., the Principal Senior Civil Judge Court at Machilipatnam, Krishna District, “except on the days when his presence is required as per law”, before the said Court. 11. In the result, the Transfer Civil Miscellaneous Petition is allowed and F.C.O.P.No.1919 of 2024 on the file of the II Additional Family Judge at Visakhapatnam, is hereby withdrawn and transferred to the Principal Senior Civil Judge Court at Machilipatnam, Krishna District. The learned II Additional Family Judge at Visakhapatnam, shall transmit the case record in F.C.O.P.No.1919 of 2024 to the to the Principal Senior Civil Judge Court at vcJkr, j Tr.C.M.P.No.413of2024 o 6 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. The personal appearance of the respondent herein i.e., the petitioner in F.C.O.P.No.1919 of 2024 on the file of the II Additional Family Judge at Visakhapatnam, has been dispensed with before the transferee Court i.e., the Principal Senior Civil Judge Court at Machilipatnam, Krishna District, “except on the days when his presence is required as per law”. Both the parties are directed to appear before the Principal Senior Civil Judge Court at Machilipatnam, Krishna District, on 05.03.2025, at 10.30 a.m. 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// SECTION OFFICER To 1. The Principal Civil Judge (Senior Division), at Machilipatnam, Krishna District. 2. The II Additional Family Judge, at Visakhapatnam, Visakhapatnam District. 3. The Station House Officer, Mahila Urban Police Station, Krishna District. 4. One CC to Sri Akula Vamsi Krishna, Advocate [OPUC] 5. One CC to Sri Jada Sravan Kumar, Advocate [OPUC] 6. Smt. Kalisetti Suneetha, W/o.Kalisetti Lokesh, D/o.Pinninti Srinivasarao Aged about 27 years, R/o.D.No.9/380-4-2, Balaramunipeta, Machilipatnam-521 001, Krishna District. 7. Kalisetti Lokesh, S/o.Kalisetti Applanaidu, Aged about 31 years, R/o.Quarter No.JS-04/407, Naushakthi Vihar, Meghadripeta, Visakhapatnam - 530008. 8. Three CD Copies TK TAC HIGH COURT DATED:10/02/2025 ORDER TRCMP.No.413 of 2024 ALLOWING THE TRANSFER CIVIL MISCELLANEOUS PETITION