IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 441 OF 2024 Between: G. Amitha, W/o. Estrla Kiran. Age, 32 Years, Occ, Housewife, D/o Asservadam, R/o D. No 37-1-409/18B, 8th Cross Road, Bhagavan Nagar 4th Lane, Ongole Town, Prakasam District, Andhra Pradesh. ...PETITIONER AND Estrla Kirran, S/o. Ramaiah, Age, 42 Years, Occ, Lecturer, D.No 16-10- 176, Bank Colony, Ramalinga Puram, Nellore City, SPSR Nellore District. Andhra Pradesh. ...RESPONDENTS 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 transfer the F.C.O.P No. 455 of 2023, on the file of Hon’ble VI Additional District Judge Cum Family Court Judge at Nellore, SPSR Nellore District in to the Court of District Judge Family Court, Ongole at Prakasam. r r 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 stay all further proceedings in F.C.O.P No. 455 OF 2023, on the file of Hon ble VI AddI District Judge Cum Family Court Judge at Nellore. SPSR Nellore District, Pending disposal of the Transfer CMP. Counsel for the Petitioner(s) : SRI M CHALAPATHI Counsel for the Respondents : SRI SRINIVASULU T The Court made the following ORDER : THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.441 of 2024 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw F.C.O.P.No.455 of 2023 on the file of the VI Additional District Judge-Cum-Judge, Family Court, Nellore, SPSR Nellore District and transfer the same to the Judge, Family Court, Ongole, Prakasam District. 2. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Nellore on 08.07.2014 as per Christian rites and customs. During their wedlock, the petitioner and the respondent were blessed with two children aged about 2 years and 1 year respectively. In view of the matrimonial disputes between both the parties, the petitioner/wife along with her children are staying at her parents’ house at Ongole Town, Prakasam District. The petitioner pleaded that she had lodged a complaint before Disha Urban Police Station, Ongole Town, Prakasam District under Section 498-A, 509 r/w 34 IPC and under Sections 3 & 4 of the Dowry Prohibition Act, vide Cr.No.79 of 2023 and the same is pending. The petitioner further pleaded that she also filed a Maintenance Case vide M.C.No.17 of 2024, on the file of the Judge, Family Court, Ongole and a Domestic Violence Case vide D.V.C.(CFR)No.367 of 2024, on the file of the II 2 Additional Judicial Magistrate of First Class Court, Ongole, Prakasam District, the same are pending for adjudication. The petitioner contend that to cause inconvenience to her, the respondent/husband has filed F.C.O.P.No.455 of 2023, on the file of the VI Additional District Judge- Cum-Judge, Family Court, Nellore, SPSR Nellore District, under Section 32 of the Indian Divorce Act, 18969 seeking for restitution of conjugal rights. II. Learned counsel for the petitioner further contended that the petitioner being a woman having two children aged about 2 years and 1 year respectively, depending upon her parents, it is very difficult for her to travel at a distance of more than lOOKms from Ongole to Nellore without any male support and that she was constrained to file the present petition against the respondent/husband seeking to withdraw F.C.O.P.No.455 of 2023, on the file of the VI Additional District Judge- Cum-Judge, Family Court, Nellore, SPSR Nellore District and transfer the same to the Judge, Family Court, Ongole, Prakasam District. Fleard Sri M.Chalapathi, learned counsel for the petitioner and Sri 3. T.Srinivasulu, learned counsel for the respondent. Perused the material available on record. The material on record prima facie goes to show that the petitioner/wife 4. had instituted M.C.No.17 of 2024 and a Domestic Violence Case vide D.V.C.(CFR)No.367 of 2024, before competent Courts at Ongole, Prakasam District and the respondent/husband is also attending the Court proceedings 3 in the aforesaid cases. The respondent/husband has filed F.C.O.P.No.455 of 2023, on the file of the VI Additional District Judge-Cum-Judge, Family Court, Nellore, SPSR Nellore District, under Section 32 of the Indian Divorce Act, 18969 seeking for restitution of conjugal rights. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha'' held as follows; 5. “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 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 6. considered view that there are grounds to consider the request of the petitioner/wife to withdraw F.C.O.P.No.455 of 2023, on the file of the VI Additional District Judge-Cum-Judge, Family Court, Nellore, SPSR Nellore District and transfer the same to the Judge, Family Court, Ongole, Prakasam District. ‘ 2022 LiveLaw (SC) 627 4 In the result, the present petition is allowed and F.C.O.P.No.455 of 2023, on the file of the VI Additional District Judge-Cum-Judge, Family Court, Nellore, SPSR Nellore District, is hereby withdrawn and transferred to the Judge, Family Court, Ongole, Prakasam District. The VI Additional District Judge-Cum-Judge, Family Court, Nellore, SPSR Nellore District, shall transmit the case record in F.C.O.P.No.455 of 2023 to the Judge, Family Court, Ongole, Prakasam 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. Both parties are directed to appear before the Judge, Family Court, Ongole, Prakasam District on 05.05.2025 at 10.30 a.m. There shall be 7. no order as to costs. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. SD/- K.SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The VI Additional District Judge cum Family Court Judge: Nellore, SPSR Nellore District. 2. The Family Court Judge: Ongole, Prakasam District. 3. The II Additional Judicial Magistrate of First Class: Ongole, Prakasam District. r' 4. G. Amitha, W/o. Estrla Kiran, Age, 32 Years, Occ, Housewife, D/o Asservadam, R/o D. No 37-1-409/18B, 8th Cross Road, Bhagavan Nagar4th Lane, Ongole Town, Prakasam District, Andhra Pradesh. 5. Estrla Kirran, Age, 42 Years, Occ, Lecturer, D.No 16-10-176, Bank Colony, Ramalinga Puram, Nellore City, SPSR Nellore District. Andhra Pradesh. 6. One CC to Sri M Chalapathi Advocate [OPUC] 7. One CC to Sri Srinivasulu T Advocate [OPUC] 8. THREE CD COPIES SAM TAC \ * •. » ■4 V- HIGH COURT DATED:19/03/2025 ORDER TRCMP.No.441 of 2024 £ 0 ^ APR 2Gr5 ^ . Current Seetinn . ALLOWING THE TRCWIP