APHC010583862024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] THURSDAY ,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 440/2024 Between: Eluri @ Natukula Dhanalakshmi ...PETITIONER AND Eluri Ashok Kumar ...RESPONDENT Counsel for the Petitioner: 1. RAMAKRISHNA AKURATHI Counsel for the Respondent: 1. DAGGUBATI RAMASWAMY REDDY The Court made the following: ORDER: The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908, (for short ‘the C.P.C.’) seeking to withdraw H.M.O.P.No.257 of 2023 on the file of the Senior Civil Judge, Gurajala, Guntur District and transfer the same to the Senior Civil Judge, Chirala, Bapatla 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 solemnized on 01.09.2021 at SRDR & SVP Kalyanamandapam, Swarna Road, Chirala, Bapatla District, as per the Hindu Rites and Caste Customs. During their wed-lock period, the petitioner and respondent were blessed with a male child and later, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately at her parents’ house at Vykuntapuram, Chirala Mandal, Bapatla District. The petitioner/wife further pleaded that, she filed a Maintenance Case vide M.C.No.16 of 2024, under Section 125 of Cr.P.C., seeking monthly maintenance from the respondent/husband and she also filed a Domestic Violence Case vide D.V.C.No.10 of 2024, on the file of the Additional Junior Civil Judge, Chirala, Bapatla District and the said two (2) cases are pending for adjudication before the competent Court at Chirala, Bapatla District. II.The petitioner/wife further pleaded that to cause unnecessary inconvenience to her, the respondent/husband had filed H.M.O.P.No.257 of 2023 on the file of the Senior Civil Judge, Gurajala, Guntur District, under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights and the same is also pending for adjudication. III.The petitioner/wife further pleaded that, she being a woman, residing separately and also depending upon her parents at Vykuntapuram, Chirala Mandal, Bapatla District, it is very difficult for her to travel at a distance of more than 130 Kms from Vykuntapuram to Gurajala to attend the case proceedings on each and every adjournment without any male support and that she is constrained to file the present petition seeking to withdraw H.M.O.P.No.257 of 2023 on the file of the Senior Civil Judge, Gurajala, Guntur District and transfer the same to the Senior Civil Judge, Chirala, Bapatla District. 3. Learned counsel for the respondent would contend that counter-affidavit has been filed before the Registry along with the vacate stay petition and the same is placed on record. He would further contend that there are no merits in the present case filed by the petitioner/wife and the present Transfer Civil Miscellaneous Petition may be dismissed. 4. Heard learned counsel appearing on both sides on record. 5. Perused the material available on record. 6. The material on record prima facie goes to show that, the petitioner/wife has been residing separately along with her child at her parents’ house at Kakinada. She has instituted two (2) cases i.e., Maintenance Case and Domestic Violence Case against the respondent/husband herein and all the cases are pending for adjudication and the respondent/husband is also attending the case proceedings before the competent Court at Chirala, Bapatla District. The material on record further reveals that the respondent/husband has also instituted a case i.e., H.M.O.P.No.257 of 2023 on the file of the Senior Civil Judge, Gurajala, Guntur District, under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights against the petitioner/wife and the same is also pending for adjudication. 7. The Apex Court in a case of N.C.V. AISHWARYA VS A.S. SARAVANA KARTHIK SHA1, held as follows: “9. The cardinal principles 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 the learned counsel appearing for both sides and in view of the ratio laid down by the aforesaid case law and on considering the facts and circumstances of the case that in matrimonial proceedings, the convenience of the wife has to be taken into 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, seeking to withdraw H.M.O.P.No.257 of 2023 on the file of the Senior Civil Judge, Gurajala, Guntur District and transfer the same to the Senior Civil Judge, Chirala, Bapatla District. Further, on considering the submissions made by the learned counsel for the respondent that the respondent/husband is an employee and he is working at 1 2022 LiveLaw (SC) 627 A.P. Model School, Dachepalli, in case, if the said case is transferred from Gurajala to Chirala, it is very difficult to him, to appear before the transferee Court i.e., Senior Civil Judge, Chirala, Bapatla District, on each and every date of adjournment. Therefore, I am of the opinion that it is desirable to dispense with the personal attendance of the respondent/husband herein i.e., the petitioner in H.M.O.P.No.257 of 2023 on the file of the Senior Civil Judge, Gurajala, Guntur District, before the transferee Court, except on the days when his presence is required before the said Court as per law. 9. In the result, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.257 of 2023 on the file of the Senior Civil Judge, Gurajala, Guntur District, is hereby withdrawn and transferred to the to the Senior Civil Judge, Chirala, Bapatla District. The learned Senior Civil Judge, Gurajala, Guntur District, shall transmit the case record in H.M.O.P.No.257 of 2023, to the Senior Civil Judge, Chirala, Bapatla 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. Further the personal attendance of the respondent/husband i.e., the petitioner in H.M.O.P.No.257 of 2023 on the file of the Senior Civil Judge, Gurajala, Guntur District, has been dispensed with before the transferee Court i.e., Senior Civil Judge, Chirala, Bapatla District. Both the parties are directed to appear before the Senior Civil Judge, Chirala, Bapatla District, on 08.05.2025, at 10.30 a.m. Later the learned Senior Civil Judge, Chirala, Bapatla District, is directed not to insist for the personal appearance of the respondent herein i.e., the petitioner in H.M.O.P.No.257 of 2023, as long as his counsel is attending the Court proceedings and representing the case except on the day when re-conciliation proceedings are being taken up or on the day when his cross-examination is required to be recorded or on any other day when his personal appearance is required as directed by the learned Senior Civil Judge, Chirala, Bapatla District. 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. _______________________________ JUSTICE V. GOPALA KRISHNA RAO Date: 10.04.2025 CVD