APHC010565712024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.428 of 2024 Between: Boddu Sravanthi, W/o Yashwanth Babu, Aged about 35 D. No.35-3-69/373, Daaravarithota Ongole, Prakasam District, Andhra Pradesh. years, R/o. NGO Homes, Devuducheruvu, ...Petitioner AND Yashwanth Babu, S/o Babu, Aged about 36 years, R/o 7/174, Phase 3, Double Road, Sathuvachari, Vellore District, Tamil Nadu. ...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. 152 of 2024 pending on the file of the Hon’ble Principal Civil Judge (Senior Division), Tirupathi, Chittoor District and to transfer the same to Hon’ble Family Court, Ongole, Prakasam District other competent court in Ongole, Prakasam District. lA NO: 1 OF 2024 or any Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pieased to stay aii the further proceedings in H.M.O.P No.152 of 2024 pending on the file of Hon’ble Court of Principal Civil Judge, (Senior Division) Tirupathi, Chittoor District pending disposal of the above TR.C.M.P. Counsel for the Petitioner : SMT. AYESHA AZMA S Counsel for the Respondent : SRI T V JAGGI REDDY The Court made the following order; THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.428 of 2024 ORDER: 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.152 of 2024, the file of the Principal Senior Civil Judge, Tirupathi, Chittoor District and transfer the same to the Family Court, Ongole, Prakasam District. on The case of the petitioner in brief is as follows: 2. I. The petitioner is the legally wedded wife of the respondent/husband and their marriage has been performed at Tirumala on 11.02.2022, as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Devuducheruvu, Ongole, Prakasam District and depending upon the of her parents. The petitioner pleaded that she had lodged a complaint before Disha Urban Police Station, Ongole, Prakasam District under Sections 498-A, 506, 509, 417 r/w 34 IPC and under Sections 3 & 4 of the Dowry Prohibition Act vide Cr.No.38 of 2024, after completion of investigation, the Charge Sheet has been filed by the Investigating Officer and the same is pending for adjudication before the file of the II Additional Junior Civil Judge, Ongole. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent No. 1/husband had filed H.M.O.P.No.152 of 2024, on the mercy 2 file of the Principal Senior Civil Judge, Tirupathi. Chittoor District, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage. . Learned counsel for the petitioner further contended that the petitioner being a woman and depending upon the mercy of her parents, it is very difficult for her to travel at a distance of more than 250Kms from / Ongole, Prakasam District to Tirupathi, Chittoor District, for attending the Court proceedings before the learned Principal Senior Civil Judge, Tirupathi, Chittoor District, on each and every date of adjournment without any male support and that she was constrained to file the present petition against the respondent/husband seeking to withdraw on the file of the Principal Senior Civil Judge, Tirupathi, Chittoor District and transfer the same to the Family Court, Ongole, Prakasam District. H.M.O.P.No.152 of 2024 3. The respondent/husband had filed a Counter affidavit denying the averments made in the transfer petition filed by the petitioner. Learned counsel for the respondent would contend that the respondent/husband is presently residing at States and if the case is transferred from Tirupati to Ongole, it would cause more difficulty to the respondent/husband and as such there are no valid grounds to consider the request of the petitioner seeking transfer from Principal Senior Civil* Judge, Tirupathi, Chittoor District to the Family Court, Ongole, Prakasam District, and requested this Court to dismiss the transfer petition filed by the petitioner. 3 Heard Ms. Ayesha Azma S, learned counsel for the petitioner and Sri T.V.Jaggi Reddy, learned counsel for the respondent. Perused the material available on record. 4. to show that in view of the The material on record prima facie goes between both the parties, the petitioner/wife is staying at Devuducheruvu, Ongole, Prakasam District and she had 5. matrimonial disputes her parents’ house at lodged a complaint before Disha Urban Police Station, Ongole, Prakasam 417 r/w 34 IPC and under Sections 3 Act vide Cr.No.38 of 2024 and after completion of been filed by the Investigating Officer and District under Sections 498-A, 506, 509 & 4 of the Dowry Prohibition investigation, a Charge Sheet has the same is pending for adjudication before the fiie of the ii Additionai Junior respondent/husband has fiied H.M.O,P.No.152 of Civil Judge, Ongole. The 2024, on the file of the under Section 13(1)(ia)(ib) of the dissolution of marriage. The Apex Court in a case HEERA\ held by considering the fact that “if a 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.” The Apex Court in a case Karthik Sha^ held as follows; Principal Senior Civil Judge, Tirupathi, Chittoor District, Hindu Marriage Act, 1955, seeking for of GEETA HEERA Vs HARISH CHANDER wife does not have sufficient 6. of N.C.V. Aishwarya Vs A.S.Saravana 7. ‘ (2000) 10 see 304 ' 2022 Livelaw (SC) 627 4 “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 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 H.I\/I.O.P.No.152 of 2024, on the file of the Principal Senior Civil Judge, Tirupathi, Chittoor District and transfer the to the Family Court, Ongole, Prakasam District. 8. same 9. In the result, the present petition is allowed and H.M.O.P.No.152 of 2024, on the file of the Principal Senior Civil Judge, Tirupathi, Chittoor District, is hereby withdrawn and transferred to the Family Court, Ongole, Prakasam District. The learned Principal Senior Civil Judge, Tirupathi, Chittoor District, shall transmit the case record in H.M.O.P.No.152 of 2024 to the Family Court, Ongole, Prakasam District, duly indexed as expeditiously as possible % 5 preferably within a period of two (02) weeks from the date of receipt of of the order. There shall be no order as to costs. a copy As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. Sd/- SHAIK MOHD. RAF! ASSISTANT REGISTRAR <3^ //TRUE COPY// ff SECTION OFFICER To The Principal Civil Judge (Senior Division), Tirupathi, Chittoor District. 1. The Family Court, Ongole, Prakasam District. 2. One CC to Smt Ayesha Azma S, Advocate [OPUC] 3. One CC to Sri T V Jaggi Reddy, Advocate [OPUC] 4. 5. Two CD Copies TK vna - HIGH COURT ( DATE0:08/07/2025 ORDER TRCMP No.428 of 2024 ? l\ JUI 2(P5 ^ . Curr«ni aecnon e* m 'i. Of ALLOWING THE TRANSFER CIVIL MISCELLANEOUS PETITION