iN THE HiGH COUR"^ OF ANDHRA PRADESH AT AmARAVATi TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE •V PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 409 OF 2024 Between: Duvvuru Keerthi Priya, W/o. Abaka Sreenadha Reddy, aged about 33 years. Door No. 11-42, S.V.Nagar, Tirupati, Tirupati District. ...Petitioner AND Abaka Sreenadha Reddy, S/o. Abaka Srinivasulu Reddy, aged about 44 years, residient of D.No. 6-137, Padmara Vedhi, Vakadu-524415, Tirupati District. Cell No. 9494515861, email Id- sreesvuphd@amail.com ...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 H..M.O.P. No.174 of 2024 on the file of Civil Judge Court (Senior Division), Gudur, Nelloor Judicial District and to transfer the same to the Family court, Tirupati, Chittoor 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 a!! further proceedings in HMOP No. 174 of 2Q24 on -the file of Civil Judge (Senior Division) Court, Gudur, Nellore Judicial District including the appearance of the Petitioner. Counsel for the Petitioner: Sri N Ramesh Babu representing on behalf of Sri K Kranti Chaitanya Counsel for the Respondent: None Appeared The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.409 of 2024 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw the H.M.O.P.No.174 of 2024 on the file of the Senior Civil Judge, Gudur, Nellore Judicial District, and transfer the same to the Judge, Family Court, Tiruapti, Chittoor District, for trial. 2. The case of the petitioner in brief is-as follows; I. The petitioner is the legally wedded wife of the respondent and the marriage of the petitioner with the respondent was performed on 25.10.20212, at T.T.D. Kalyana Mandapam, Vidyanagar, Kota Mandal, Nellore District, presently Tirupati District, as per the Hindu Rites and Caste Customs. In view of the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her two (2) children at her parents' house at Tirupathi. The petitioner pleaded that she filed a case against the respondent/husband vide F.C.O.P.No.134 of 2024 on the file of the Judge, Family Court at Tirupathi, Chittoor District, under Section 13(1)(i)(ia)(ib) (iii) of Hindu Marriage Act, 1955, seeking dissolution of the marriage and the same is pending for adjudication. The petitioner/wife further pleaded that to cause unnecessary inconvenience to her, the respondent/husband filed 2 Tr.C.M.P.No.409of2024 ' H.M.O.P.No. 174 of 2024 on tho filo of the Senior Civil Judge Qudur, Nellore Judicial District, under Section 9 of Hindu Marriage Act, 1955 seeking restitution of conjugal rights and the same is also pending. II. Learned counsel for the petitioner further contended that the petitioner being a woman along with her two (2) children and depending upon her parents, it is very difficult for her to travel which is at a distance of more than 100 Kms from Tirupathi to Gudur without any male support and that she was constrained to file the present transfer petition seeking to withdraw the H.M.O.P.No. 174 of 2024 on the file of the Senior Civil Judge, Gudur, Nellore Judicial District, and transfer the same to the Judge, Family Court, Tiruapti, Chittoor District. 3. Heard Sri N. Ramesh Babu, learned counsel representing on behalf of Sri K. Kranthi Chaintanya, learned counsel for the petitioner. 4. Though the notice sent to the respondent and the same was served on him. None appeared for the respondent. 5. Perused the material available on record. 6. The material on record prima facie goes to show that, the petitioner/wife is staying along with her two (2) children at her parents house at Tirupathi, Chittoor District and she has instituted a case against the respondent/husband before the Judge, Family Court at Tirupathi, and the same is pending for adjudication and the respondent/husband is also attending the case proceedings before the said Court on each and every adjournment. It is also a fact that the respondent/husband ^has ajso filed Tr.C.M.P.No.409 of 2024 H.M.O.P.No.174 of 2024 on the fiie of the Senior Civil Judge, Gudur Nellore Judicial District, under Section 9 of Hindu Marriage Act, 1955, seeking restitution of conjugal rights. The contention of the learned counsel for the petitioner is that, the petitioner/wife is staying along with her two (2) children at her parents’ house at Tirupathi, the distance between the Tirupathi and Gudur is more than 100 kms, since the petitioner being a woman depending upon her parents along with her two (2) children, it is very difficult for her to travel from Tirupathi to Gudur without any male support, and that she was constrained to file the present transfer petition. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana 7. 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 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.” 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 8. ^ 2022 LiveLaw (SC) 627 4 Tr.C.M.P.No.409 of 2024 ' r^a of fho vA/ifo hoc tn hp tpkpn into H IW I iwww vw •.- w mairimunicii proceedings, the converiien consideration than that of the inconvenience of the husband. Therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, to withdraw the H.M.O.P.No.174 of 2024 on the file of the Senior Civil Judge, Gudur, Nellore Judicial District, and transfer the same to the Judge, Family Court at Tiruapti, Chittoor District. In the result, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.174 of 2024 on the file of the Senior Civil Judge, Gudur, 9. Nellore Judicial District, is hereby withdrawn and transferred to the Judge, Family Court at Tiruapti, Chittoor District. The learned Senior Civil Judge, Nellore Judicial District, shall transmit the case record in Gudur, H.M.O.P.No.174 of 2024 to the Judge, Family Court at Tiruapti, Chittoor District, 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. SDI- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SEC OFFICER To, 1. The Civil Judge Court (Senior Division), Gudur, Nellore District. 2. The Family Court, Tirupati, Chittoor District 3. One CC to Sri K Kranti Chaitanya, Advocate [OPUC] 4. Three CD Copies SAM sree HIGH COURT DATED;21/01/2025 ORDER v. TRCI\/IP.No.409 of 2024 i i I* 3 t JAN 2i?5 ] ^ . Current Section . ^ yo allowing the TR.C.M.P. WITHOUT COSTS