APHC010579662024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] THURSDAY ,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 434/2024 Between: Gurrala @ Thota Sridevi ...PETITIONER AND Thota Koteswara Rao ...RESPONDENT Counsel for the Petitioner: 1. VENNA G SAI VENKAT Counsel for the Respondent: 1. PETA GNANA TEJA The Court made the following: 2 THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.434 of 2024 ORDER: The petitioner filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw HMOP No.115 of 2024 on the file of the learned Principal Senior Civil Judge (Senior Division), Tenali, and to transfer the same to the learned Senior Civil Judge, Vuyyuru, Krishna District. 2. The case of the petitioner in brief is as follows: The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Arya Vysya Kalyana Mandapam, on 09.02.2019, as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife, along with her minor male child, is staying at her parents’ house at Vuyyuru Town and Mandal, Krishna District. 3. Learned counsel for the petitioner contends that to cause inconvenience to the petitioner/wife, the respondent/husband has filed HMOP No.115 of 2024 on the file of the learned Principal Senior Civil Judge (Senior Division), Tenali, under Section 13 (1) (i-a) (i-b) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage. He 3 further contends that it is very difficult for the petitioner, being a woman and along with her minor male child, to travel at a distance of more than 70 Kms., from Vuyyuru Town and Mandal, Krishna District, to Tenali without any male support, and that she was constrained to file the present petition against the respondent/husband seeking to withdraw HMOP No.115 of 2024 on the file of the learned Principal Senior Civil Judge (Senior Division), Tenali, and to transfer the same to the learned Senior Civil Judge, Vuyyuru, Krishna District. 4. Heard Sri Venna G. Sai Venkat, learned counsel for the petitioner, and Sri Peta Gnana Teja, learned counsel for the respondent, appearing virtually online. Perused the material available on record. 5. As seen from the material available on record, apart from HMOP No.115 of 2024, there are no other cases pending between both the parties. The petitioner/wife is seeking to withdraw HMOP No.115 of 2024 on the file of the learned Principal Senior Civil Judge (Senior Division), Tenali, and to transfer the same to the learned Senior Civil Judge, Vuyyuru, Krishna District. 6. Learned counsel for the respondent submitted that the respondent is working as a private employee at Tenali and if this Court is inclined to transfer the HMOP No.115 of 2024, his personal appearance may be dispensed with before the learned transferee Court. 4 7. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha1 held as follows: “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 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.” 8. On considering the submissions made by learned counsel for the petitioner and in view of the ratio laid down in the aforesaid case law, that in matrimonial proceedings, the convenience of the wife has to be considered than that of the inconvenience of the husband. It is observed that no Senior Civil Judge Court is constituted at Vuyyuru, Krishna District. Therefore, this Court is of the considered view that there are grounds to consider the request of the petitioner/wife to withdraw HMOP No.115 of 2024 on the file of the learned Principal Senior Civil Judge (Senior Division), Tenali, and to transfer the same to the learned Family Court, Vijayawada. 1 2022 LiveLaw (SC) 627 5 9. On considering the submissions made by learned counsel for the respondent, because of his employment at Tenali, his personal appearance before the learned transferee Court i.e., learned Family Court, Vijayawada, has been dispensed with, except on the days when his presence is required as per law. 10. In the result, the present petition is allowed and HMOP No.115 of 2024 on the file of the learned Principal Senior Civil Judge (Senior Division), Tenali, is hereby withdrawn and transferred to the learned Family Court, Vijayawada. The learned Principal Senior Civil Judge (Senior Division), Tenali, shall transmit the case record in HMOP No.115 of 2024 to the learned Family Court, Vijayawada, 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. Both the parties shall appear before the learned Family Court, Vijayawada, on 05.05.2025 at 10.30 A.M. Later, the personal appearance of the respondent herein, i.e., the petitioner before the learned transferee Court, has been dispensed with, except on the days when his presence is required before the learned Family Court as per law. There shall be no order as to costs. 6 As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. _______________________________ JUSTICE V.GOPALA KRISHNA RAO 27th March, 2025 cbn 7 278 THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.434 of 2024 27th March, 2025 cbn