APHC010571612024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HON BLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA TRANS. CIVIL MISC.PETITION NO: 3 OF 2025 RAO Between: Bukke Mounika, W/o. Moode Vinod Kumar, Aged 29 3/592-1-1, SVM Road, YMR Colony, Proddatur Town, District years, R/o. D.No. YSR Kadapa ...Petitioner AND Moode Vinod Kumar Naik, S/o. Moode Jaina Naik, Aged Pacharlamakulapalli Thanda, Hamlet Annamayya District. 34 years, R/o. Filer Mandal, of Jandia, ...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.113 of 2023 on the file of the Civil Judge (Senior I to transfer the same to Civil Kadapa District or to any other Division), Filer, Chittoor District and pleased Judge (Senior Division) Court, Proddatur, competent court. Q lA NO: 1 OF 2n9.<; Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court stay all further proceedings in H.M.O.P. No. 113 of 2023 may be pleased to on the file of the Civil Judge (Senior Division), Piler. Counsel for the Petitioner: Sri Bugulu Sreeteja, Advocate Counsei for the Respondent: Sri Vailepu Reddy Nikhit Ganesh The Court made the foilowing order: , Advocate THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.03 of 2025 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.113 of 2023 on the file of the Senior Civil Judge, Piler and transfer the same to the Senior Civil Judge Court, Proddatur. 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 Piler on 12.12.2018, as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife along with a male child aged about 3 years are staying at her parents’ house at Proddatur and depending upon the mercy of her parents. The petitioner pleaded that she had lodged a complaint before the III Town Police Station, Proddatur under Sections 498(A), 506, 509 r/w 34 IPC and under Sections 3 & 4 of the Dowry Prohibition Act vide Cr. No.286 of 2023 and the same is numbered as I. C.C.No.1179 of 2024, on the file of the I Additional Judicial First Class Magistrate, Proddatur and the same is pending for adjudication. The petitioner further pleaded that she had filed a Domestic Violence Case vid^ D.V.C.No.13 of 2024, on the file of the I Additional Judicial First Class Magistrate, Proddatur and the respondent is attending the Court 2 proceedings before the competent Court at Proddatur. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband filed H.M.O.P.No.113 of 2023, on the file of the Senior Civil Judge, Piler. under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage. II. Learned counsel for the petitioner further contended that the petitioner being a woman having a male child aged about 3 years, depending upon the mercy of her parents, it is very difficult for her to travel at a distance of more than 160 Kms from Proddatur to Piler for Courf proceedings before the learned Senior Civil attending the Judge, Piler, without was constrained to file the present seeking to withdraw on the file of the Senior Civil Judge, Piler and transfer the same to the Senior Civil Judge Court, Proddatur. any male support and that she petition against the respondent/husband H.M.O.P.No.113 of 2023 3. Respondent has filed a counter affidavit denying the allegations leveled against him in the affidavit filed by the petitioner/wife. Learned counsel for the respondent has represented that there of the petitioner seeking to transfer the aforesaid Judge, Piler to the Senior Civil Judge Court, dismiss the present transfer civil miscellaneous petition. no grounds to consider the request case from Senior Civil are Proddatur and requested to 3 4. Heard Sri Buggulu Sreeteja, learned counsel for the petitioner and Sri Vallepu Reddy Nikhil Ganesh, learned counsel for the respondent. Perused the material available on record. 5. The material on record prima facie goes to show that in view of the matrimonial disputes between both the parties, the petitioner/wife along with a male child aged about 3 years are staying at her parents’ house at Proddatur at her parents’ house and she had filed a Criminal Case vide Cr.No.286 of 2023 against the respondent/husband and the same is numbered as C.C.No.1179 of 2024, on the file of the I Additional Judicial First Class Magistrate, Proddatur and the same is pending for adjudication. Further, the petitioner also filed a Domestic Violence Case vide D.V.C.No.13 of 2024, on the file of the I Additional Judicial First Class Magistrate, Proddatur. The respondent/husband has filed H.M.O.P.No.113 of 2023, on the file of the Senior Civil Judge, Piler, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage. 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 6. 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 of N.C.V. Aishwarya Vs A.S.Saravana 7. Karthik Sha^ held as follows: (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 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 Court is of the considered view that there are grounds to consider the request of the petitioner/wife to withdraw H.M.O.P.No.113 of 2023 Senior Civil Judge, Filer and transfer the Court, Proddatur. 8. counsel this on the file of the same to the Senior Civil Judge 9. In the result, the present petition is allowed and H.M.O.P.No.113 of 2023, on the file of the Senior Civil Judge, Filer, is hereby withdrawn and transferred to the Senior Civil Judge Court, Proddatur. The Senior Civil Judge, Filer, shall transmit the case record in H.M.O.P.No.113 of 2023 to the Senior Civil Judge Court, Proddatur, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of of the order. Both the parties are directed to appear before the learned Senior a copy 5 Civil Judge Court, Proddatur on 16.09.2025 at 10.30 a.m. There shall be order as to costs. no As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGI AR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division), Filer, Chittoor District. 2. The Civil Judge (Senior Division), Proddatur, Kadapa 3. Bukke Mounika, W/o. Moode Vinod Kumar 3/592-1-1, SVM Road, YMR Colony, Proddatur District 4. Moode Vinod Kumar Naik, S/o. Moode Jaina Pacharlamakulapalli Thanda, Annamayya District. 5. One CC to Sri Bugulu Sreeteja, Advocate [OPUC] 6. One CC to Sri Vallepu Reddy Nikhil Ganesh 7. Two CD Copies District. Aged 29 years, R/o. D.No. Town, YSR Kadapa Naik, Aged 34 years, R/o. Filer Mandal, Hamlet of Jandia, Advocate [OPUC] GPC sree 'b HIGH COURT DATED; 04/08/2025 ORDER TRCIMP NO. 3 OF 2025 2 I AUG 2025 ^ . Cuirent Secuon ^ 5? 'X miif va> ALLOWING THIS TRANSFER CIVIL miscellaneous petition without costs