APHC010356422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 211/2025 Between: 1. K MEENA RAJ, W/O V.H.S. SYAM SUNDAR, AGED ABOUT 43 YEARS, R/O FLAT NO. G3, HARI CHARANAM APARTMENTS, 15TH CROSS, UPADYAYA NAGAR, TIRUPATHI-517501 ...PETITIONER AND 1. VHS SYAM SUNDAR, S/o Late V. Surya Narayana Rao, aged about 47 years,R/o D.No. 20-16-62, Karanam Street,Tummalamma, Rajamahendravaram, East Godavari District. ...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 tomay be pleased to withdraw the O.S. No.457/2025 on the file of Principal Civil Judge (Junior Division) Rajamahendravaram and to transfer the same to Family Court, Tirupathi to be tried along with F.C.O.P. No. 338/2023 in the interests of justice and pass such IA NO: 1 OF 2025 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 may be pleased to stay all further proceedings in O.S. No. 457/2025 on the file of Principal Civil Judge (Junior Division), Rajamahendravaram pending disposal of Transfer petition by this Hon'ble Court and pass such Counsel for the Petitioner: 1. K V VIJAYA KUMAR Counsel for the Respondent: 1. SUMANTH AMIRAPU THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.211 of 2025 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 for withdrawal of O.S.No.457 of 2025 on the file of the Principal Junior Civil Judge, Rajamahendravaram, East Godavari District and transfer the same to the Judge, Family Court, Tirupati, to be tried along with F.C.O.P.No.338 of 2023, for trail and disposal of the same. 2. The case of the petitioner in brief is as follows: I. The petitioner is the wife of the respondent and the marriage of the petitioner with the respondent was solemnized on 11.06.2011, in the presence of both side elders and well wishers at Sri Ramakoti Kshetram, Vijayawada, as per the Hindu Rites and Caste Customs. During their wedlock, the petitioner/wife and the respondent/husband were blessed with two (2) children. After that, due to the matrimonial disputes, the petitioner/wife has been residing separately along with her children and now she is working as a News Reporter at TTD SVBC, Tiruapti. The petitioner/wife further pleaded that in view of the harassment made by the respondent/husband, she lodged a complaint dated 28.06.2023, against the respondent/husband herein, which was registered as F.I.R.No.63 of 2023, for the offences punishable under Section 498-A I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Disha Police Station, Tiruapti, the same is pending for investigation and she also filed a divorce petition against the respondent/husband vide F.C.O.P.No.338 of 2023 on the file of the Judge, Family Court, Tirupati, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is pending for adjudication. II. The petitioner/wife further pleaded that with a view to cause inconvenience to her, the respondent/husband had filed case vide O.S.No.457 of 2025 on the file of the Principal Junior Civil Judge, Rajamahendravaram, East Godavari District, under Order VII Rule 1 and Section 26 of C.P.C., seeking maintenance from the petitioner/wife and the same is also pending for adjudication. III. Learned counsel for the petitioner would further contend that the petitioner being a woman, has been residing separately along with her children at Tirupati, it is very difficult for her to travel to attend the case proceedings which was filed by the respondent/husband before the Court at Rajamahendravaram without any male assistance and that she was constrained to file the present petition against the respondent/husband, seeking for withdrawal of O.S.No.457 of 2025 on the file of the Principal Junior Civil Judge, Rajamahendravaram, East Godavari District and transfer the same to the Judge, Family Court, Tirupati, for trail and disposal of the same. 3. Learned counsel for the petitioner would contend that the petitioner/wife has been working as a News Reporter at T.T.D. SVBC, Tiruapti. 4. It was brought to the notice of this Court by the learned counsel for the respondent that the respondent/husband has been suffering from Choroiditis (gradual increase of blindness) for the past 20 years and a copy of the disability certificate has been placed on record. He further submitted that, if this Court is inclined to transfer the said case, i.e., O.S. No. 457 of 2025, the personal appearance of the respondent/husband may kindly be dispensed with before the transferee Court. 5. Heard learned counsel appearing on both sides. 6. Perused the material available on record. 7. The material on record prima facie goes to show that, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her two (2) children in Tiruapati and she has instituted two (2) cases against the respondent/husband herein i.e., Criminal Case, which was registered as F.I.R.No.63 of 2023, for the offences punishable under Section 498-A I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Disha Police Station, Tiruapti, the same is pending for investigation and divorce petition vide F.C.O.P.No.338 of 2023 on the file of the Judge, Family Court, Tirupati, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is pending for adjudication and the respondent/husband is also attending the Court proceedings before the Court at Tirupati. The material on record further reveals that the respondent/husband has instituted a case against the petitioner/wife herein vide O.S.No.457 of 2025 on the file of the Principal Junior Civil Judge, Rajamahendravaram, East Godavari District, under Order VII Rule 1 and Section 26 of C.P.C., seeking maintenance from the petitioner/wife and the same is also pending for adjudication. 8. 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.” 9. 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 present case that in matrimonial proceedings, the convenience of the wife has to be taken into consideration than 1 2022 LiveLaw (SC) 627 that of the inconvenience of the husband. In view of the matrimonial disputes between the spouses, the petitioner/wife has been residing separately along with her children at Tirupati, therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, seeking for withdrawal of O.S.No.457 of 2025 on the file of the Principal Junior Civil Judge, Rajamahendravaram, East Godavari District and transfer the same to the file of the Principal Junior Civil Judge, Tirupati. Further, on considering the submissions made by the learned counsel for the respondent that the respondent/husband herein has been suffering from Choroiditis (gradual increase of blindness) for the past 20 years, therefore, it is desirable to dispense with the personal appearance of the respondent/husband herein i.e., the petitioner in O.S.No.457 of 2025 on the file of the Principal Junior Civil Judge, Rajamahendravaram, East Godavari District, before the transferee Court, except on the days when his personal appearance is required before the said Court as per law. 10. In the result, the Transfer Civil Miscellaneous Petition is allowed and the O.S.No.457 of 2025 on the file of the Principal Junior Civil Judge, Rajamahendravaram, East Godavari District, is hereby withdrawn and transferred to the file of the Principal Junior Civil Judge, Tirupati. The learned Principal Junior Civil Judge, Rajamahendravaram, East Godavari District, shall transmit the case record in O.S.No.457 of 2025, to the file of the Principal Junior Civil Judge, Tirupati, 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. Later, the transferee Court i.e., learned Principal Junior Civil Judge, Tirupati, is hereby directed not to insist for the personal appearance of the respondent herein i.e., the petitioner in O.S.No.457 of 2025, as long as his counsel is attending the Court proceedings and representing the case except on the day his cross-examination is required to be recorded or on any other day when his personal appearance is required as directed by the learned Principal Junior Civil Judge, Tirupati. 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: 03.11.2025 CVD