IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 386 OF 2024 Between: Smt Thinnaluri Tirupathamma, W/o.M.Reheman @ Ravi, aged about 26 years, Occ;House Wife, R/o.D.No.5-194, Achampeta Village, Guntur District, Andhra Pradesh. ...Petitioner AND M.Reheman @ Ravi, S/o.M.Abdul Rahim, aged about 39 years, Occ; Private Employee (Medical Representative), R/o.D.No.20-3-6/10, Sivajyothi Nagar, Tirupathi Town and Urban, Tirupathi District. ...Respondent Petition filed 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 FC.OP.No.155 of 2024 from the file of Family Court Judge-cum-V Additional District Judge, Tirupati and transfer the same to be tried along with MC.No.7 of 2024 on the file of the I Additional Civil Judge, at Sattenapalli, Guntur District pending before this Court. lA NO: 1 OF 2024 Petition filed 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 FC.O.P.No.155 of 2024 pending on the file of the Family Court Judge-cum-V Additional District Judge, Tirupati pending disposal of the above Transfer C.M.P. Counsel for Petitioner :SRI SOMISETTY GANESH BABU Counsel for Respondent :SRI M.K. RAJ KUMAR The Court made the following Order: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.386 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.155 of 2024, on the file of the Family Court-Cum-V Additional District Judge, Tirupati and transfer the same to the I Additional Civil Judge at Sattenapalli, Guntur District. 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 Atchampet Village and Mandal on 23.06.2018, as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife along with her son aged about 3 years are staying at her parents’ house at Atchampet Village, Guntur District. The petitioner further pleaded that she had lodged a complaint before the Atchampeta Police Station under Section 498-A r/w 34 IPC vide FIR No.156 of 2022 and the same is pending for investigation. The petitioner further pleaded that she had also filed a Maintenance Case vide M.C.No.07 of 2024, on the file of the I Additional Junior Civil Judge, Sattenapalli and the respondent/husband is attending the Court proceedings in the aforesaid case before the competent Court at Sattenapalli. The petitioner contend that to cause inconvenience to her, the respondent/husband filed F.C.O.P.No.155 of 2024, on the file of the I. 2 Family Court-Cum-V Additional District Judge, Tirupati, under Section 13(1)(ia)&(ib), 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 son 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 300Kms from Sattenapalli to Tirupati 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.155 of 2024, on the file of the Family Court- Cum-V Additional District Judge, Tirupati and transfer the same to the I Additional Civil Judge at Sattenapalli, Guntur District. Learned counsel for the respondent contended that there are no grounds to 3. consider the request made by the petitioner herein and requested to dismiss the transfer civil miscellaneous petition. 4. Heard Sri Somisetty Ganesh Babu, learned counsel for the petitioner and Sri M.K.Raj Kumar, learned counsel for the respondent. Perused the material available on record. The material on record prima facie goes to show that the petitioner/wife had 5. filed a Maintenance Case vide M.C.No.07 of 2024, on the file of the I Additional Junior Civil Judge, Sattenapalli and the respondent/husband is attending the Court proceedings in the aforesaid case before the competent Court at Sattenapalli. The respondent/husband has filed F.C.O.P.No.155 of 2024, on the file of the Family 3 ff Court-Cum-V Additional District Judge, Tirupati, under Section 13(1)(ia)&(ib), 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 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 Karthik Sha^ 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.” On considering the submissions made by the learned counsel 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, this Court is of the considered view that there are grounds to consider the request of the petitioner/wife to withdraw F.C.O.P.No.155 of 2024, on the file of the Family Court-Cum-V Additional District 6. 7. 8. ^ (2000) 10 see 304 ^ 2022 LiveLaw (SC) 627 4 Judge, Tirupati and transfer the same to the Senior Civil Judge at Sattenapalii Guntur District. 9. In the result, the present petition is allowed and F.C.O.P.No.155 of 2024 the file of the Family Court-Cum-V Additional District Judge, Tirupati, is hereby withdrawn and transferred to the Senior Civil Judge at Sattenapatli, Guntur District. The Family Court-Cum-V Additional District Judge, Tirupati, shall transmit the on case record in F.C.O.P.No.155 of 2024 to the Senior Civil Judge at Sattenapalii, Guntur 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 the parties directed to appear before the Senior Civil Judge at Sattenapalii, Guntur District 18.06.2025 at 10:30 a.m. There shall be no order as to costs. are on As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Judge, Family Court-cum-V Additional District Judge, Tirupati, Chittoor District. 2. The Civil Judge (Senior Division), Sattenapalii, Guntur District. 3. Smt Thinnaluri Tirupathamma, W/o.M.Reheman @ Ravi, R/o.D.No.5- 194, Achampeta Village, Guntur District, Andhra Pradesh. 4. M.Reheman @ Ravi, S/o.M.Abdul Rahim, Occ: Private Employee (Medical Representative), R/o.D.No.20-3-6/10, Sivajyothi Nagar, Tirupathi Town and Urban, Tirupathi District. 5. One CC to Sri Somisetty Ganesh Babu, Advocate [OPUC] 6. One CC to Sri M.K.Raj Kumar, Advocate [OPUC] 7 Thrpp CD Cooies % HIGH COURT DATED:29/04/2025 ORDER TRCMP.No.386 of 2024 I t3 MAY 2025 | Current Section . ALLOWING THE TR.CMP WITHOUT COSTS