I ' I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION Nos.13 & 19 of 2025 AND TRANSFER CIVIL MISCELLANEOUS PETITION No.67 of 2025 TRANSFER CRIMINAL PETITION No.13 of 2025 Between: 1. Veenam Sai Ram, S/o. Veenam Veera Swamy, Age 33 years, Occ: Govt Employee, R/o. D.No.11-13-133, Road No.3. Alkapuri Colony, Sarooor Nagar, R.R. District. 2. Veenam Veera Swamy, S/o. Venkata Subba Rao, Age 55 years, Occ: Govt Employee, R/o. Shivam Plaza, Floor, Block No.C-102, Patel Colony, 10/1, Jamnagar-361008, Gujarat State. 3. Smt.Veenam Radhika, W/o. Veera Swamy, Age 50 years, Occ; Housewife, R/o.Shivam Plaza, 1®* Floor, Block No.C-102, Patel Colony, 10/1, Jamnagar-361008, Gujarat State. 4. Smt.Veenam Venkata Lakshmi, W/o. PVSB Rayudu, Age 31 years, Occ: Housewife, R/o. D.No.11-13-133, Road No.3, Alkapuri Colony, Sarooor Nagar, R.R. District Now residing at Bangalore working as Software. ...Petitioners/Accused AND 1. The State of Andhra Pradesh, Rep. by Police, Atmakur P.S, SPSR Neliore District, Through Public Prosecutor, High Court of Andhra Pradesh. ...Respondent/Respondent 2. Smt.Veenam Swetha Rani, W/o. Veenam Sai Ram, Age 29 years, Occ: Housewife, R/o. D.No.7/145 A, Tenkya Thopu, Atmakur Town, SPSR :'^**?\\;Nellore District. a:-.. w;.<. > J 3: y.V.S.S.Ashrith Datta, S/o. Veenam Sai Ram, Age 4 years, being minor rep.by 2"^^ respondent mother and Natural Guardian. 'X ...Respondents/Aggrieved Persons Transfer Criminal Petition filed under Section 447 of BNSS, praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to withdraw the D.V.C.No. 1/2024 which is pending on the file of Hon’ble Judicial Magistrate of First Class, Atmakur, SPSR Nellore District, and transfer the same, to the Hon’ble I Additional Chief Judicial Magistrate, Vijayawada, N.T.R District. I.A. NO: 1 OF 2025 Petition under Section 447(6) of BNSS (under Section 407(6) of Cr.P.C) 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 D.V.C.No. 1/2024 which is pending on the file of Hon’ble Judicial Magistrate of First Class, Atmakur, SPSR Nellore District, including appearance of the petitioner, pending disposal of the transfer petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M M M Srinivasa Rao, Advocate for the Petitioner and the Public Prosecutor behalf of the Respondent No.1 and of Smt K. Pallavi, Advocate for the Respondent No.2 and none appeared for the Respondent No.3. on 4 ¥ TRANSFER CRIMINAL PETITION No.19 of 2025 Between: Veenam Sai Ram, S/o. Veenam Veera Swamy, Age 33 years, Occ: Govt Employee, R/o. D.No.11-13-133, Road No.3. Alkapuri Colony; •, Sarooor Nagar, R.R. District. ...Petitioner/Respondent AND 1. The State of Andhra Pradesh, Rep, by Police, Atmakur P.S, SPSR Nellore District, Through Public Prosecutor, High Court of Andhra Pradesh. ...Respondent/Respondent 2. Smt.Veenam Swetha Rani, W/o. Veenam Sai Ram, Age 29 years, Occ: Housewife, R/o. D.No.7/145 A, Tenkya Thopu, Atmakur Town, SPSR Nellore District. 3. V.V.S.S.Ashrith Datta, S/o. Veenam Sai Ram, Age 4 years, being rep.by 2""' respondent mother and Natural Guardian. minor ...Respondents/Aggrieved Persons Transfer Criminal Petition filed under Section 447 of BNSS, praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to withdraw the M.C.No. 1/2024 which pending on the file of Judicial Magistrate of First Class, Atmakur, SPSR Nellore District, and transfer the same, to the Hon’ble Family Court, Vijayawada, N.T.R District. IS I.A. NO: 1 OF 2025 Petition under Section 447(6) of BNSS 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 M.C.No. 1/2024 which is pending on the file of Hon’ble Judicial Magistrate of First Class, Atmakur, SPSR Nellore District, including pending disposal of the transfer petition. appearance of the petitioner, This Petition coming on for hearing of Grounds of Criminal Petition and upon perusing the Memorandum upon hearing the arguments of Sri M M Public Prosecutor on behalf of the Respondent No.1 and of Smt K. Pallavi. Advocate for the Respondent No.2 and none appeared for the Respondent M Srinivasa Rao, Advocate for the Petitioner and the No.3. transfer civil miscellaneous petition No.67 of 2025 Between: Veenam Sai Ram, S/o. Veenam Veera Swamy, Age Govt Employee, R/o. D.No.11-13-133, Sarooor Nagar, R.R. District. 33 years, Occ; Road No.3, Alkapuri Colony, ...Petitioner AND Smt.Veenam Swetha Rani, W/o. Veenam Sai Ram, Housewife, R/o. D.No.7/145 A, Tenkya Thopu, Atmakur Town Nellore District. Age 29 years, Occ; ■ S.P.S.R ...Respondent the C.P.C. Praying that in the the High Court may be of 2024 on the file of Hon'ble Principal Senior Civil Judge, Atmakur, SPSR Nellore District, and transfer same to the Hon'ble Family Court, Vijayawada, N.T.R District. Petition under Section 24 of circumstances stated in the affidavit filed therewith pleased to Withdraw the H.M.O.P.No.7 lA NO: 1 OF 2()9f^ Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay ail further proceedings in H.M.O.P.No.7/2024 which is pending on the file of Hon’ble Principal Senior Civil Judge, Atmakur, SPSR Nellore District, pending disposal of the Transfer petition. Counsel for the Petitioner : Sri M M M Srinivasa Rao Counsel for Respondent The Court made the following; : Smt K Pallavi THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION Nos.13 & 19 of 2025 And TRANSFER CIVIL MISCELLANEOUS PETITION No.67 of 2025 COMMON ORDER: The petitioners in Tr.Crl.P.No.13 of 2025 filed the present petition under Section 447 of B.N.S.S., seeking to withdraw D.V.C.No.01 of 2024, on the file of the Judicial Magistrate of First Class, Atmakur, SPSR Nellore District and transfer the same to the I Additional Chief Judicial Magistrate, Vijayawada, NTR District. The petitioner in Tr.Crl.P.No.19 of 2025 filed the present petition under Section 447 of B.N.S.S., seeking to withdraw M.C.No.01 of 2024, on the file of the Judicial Magistrate of First Class, Atmakur, SPSR Nellore District and transfer the same to the I Additional Chief Judicial Magistrate, Vijayawada, NTR District. The petitioner in Tr.C.M.P.No.67 of 2024 filed the present petition under Section 24 of Code of Civil Procedure, 1908, seeking to withdraw H.M.O.P.No.07 of 2024, on the file of the Principal Senior Civil Judge, Atmakur, SPSR Nellore District and transfer the same to the Family Court, Vijayawada, NTR District. As the parties in all the three (03) Transfer Petitions are one and the same, therefore, these petitions are clubbed and a common order is being pronounced in the three (03) Transfer Petitions. 2. The case of the petitioners in brief is as follows: I. The petitioner by name Mr. Veenam Sai Ram is the husband of the respondent by name Smt. Veenam Swetha Rani and their marriage was performed at 2 Prakasam District on 23.11.2016 as per Hindu rites and customs. Due to matrimonial disputes between both the parties, they are residing separately. The petitioner/husband pleaded that after their marriage the respondent/wife has joined with him in their marital house at Ramakrishna Mandal, Ranga Reddy District and thereafter, in Puram, Saroornagar view of the employment, they shifted to Tirupati. The petitioner/husband further pleaded that the parents of the respondent/wife belongs to Atmakur, Nellore District and the look after the respondent/wife with love and affection by providing The petitioner further pleaded that he had filed F.C.O.P.No.74 of 2024, petitioner used to all amenities. a Divorce Petition vide on the file of the Family Court, L.B.Nagar, Ranga Reddy District and subsequently, by the verdict of the order dated 18.12.2024, passed by the Hon’ble Apex Court in Transfer Petition (Civil) No. 1748 of 2024 which was preferred by the respondent/wife, the case in F.C.O.P.No.74 of 2024 file of the Family Court, L.B.Nagar, Ranga Reddy District Principal Senior Civil Judge, Atmakur. II. The petitioner pleaded that the respondent/wife had filed , on the was transferred to the a Maintenance Case vide M.C.No.01 of 2024, a Domestic Violence Case vide D.V.C.No.01 of 2024 the file of the Judicial Magistrate of First Class and H.M.O.P.No.07 of 2024, , on Atmakur, SPSR Nellore District on the file of the Principal Senior Civil Judge, Hindu Marriage Act, 1955 the same are pending for respondent/wife had also FIR No. 18 of 2024 and Atmakur, SPSR Nellore District, under Section 9 of the seeking for restitution of conjugal rights and adjudication. The petitioner further pleaded that the lodged complaint before the Atmakur Police Station vide r \ 3 the same was numbered as C.C.No.374 of 2024. on the file of the Judicial Magistrate of First Class, Atmakur and the same is also pending and the petitioner is attending the Court proceedings in the aforesaid cases before the Competent Court at Atmakur, SPSR Nellore District. Learned counsel for petitioner/husband contended that the respondent/wife is lodging false complaints against the petitioner/husband and his family members and due to life threat to the petitioner and his family members, the petitioner is constrained to file the present transfer petitions. 3. Heard Sri M.M.M.Srinivasa Rao, learned counsel for the petitioners, learned Public Prosecutor representing for the respondent No.1/State and Smt. K.Pallavi, learned counsel for the respondent No.2. Perused the record. 4. Learned counsel for the petitioner has contended that the petitioner/husband is suffering from Cancer Ailment and to that effect, the medical reports were enclosed along with the transfer petitions. However, on the other hand, the learned counsel for the respondent/wife has contended that the same was not pleaded by the petitioner/husband in his affidavit in all the three cases that are filed before this Court. Learned counsel for petitioner contended that the respondent/wife is lodging false complaints against the petitioner/husband and his family members and due life threat to the petitioner and his family members, the petitioner/husband constrained to file the present transfer petitions. to IS 5. Learned counsel for the respondents has contended that the respondent No.2 along with a kid aged about 5 years who is suffering from Liver Ailment are staying at her parents’ house at Tenkya Thopu depending upon the Atmakur Rown. SPSR Nellore District and mercy of her parents. Learned would further contend that, if this Court i counsel for the respondents intends to transfer the Restitution Case and the Domestic of Conjugal Violence Case from Rights Case, Maintenance the competent Courts at Nellore District to NTR District, it would cause more '"convenience to the respondent No.2 and also to the kid aged about 5 years the petitioner/father and because the said kid i IS also seeking maintenance from as such requested this Court to dismiss the present transfer petitions filed by the petitioner/husband. 6. The Apex Court i Sha' held as follows; in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik cjp Cmi Procedure is that the ends ofjustice should under Section 24 of the weal or other proceeding. In matrimonial matters to consider the plea of transfer. Code of demand the transfer of the wherever Courts suit, are called upon behavioural pattern, their spouses and their standard of life prior to the marriage and subsequent -erwhoseprote:rZ;;:r " prevailing socio- thereto and the ci and seeking their sustenance to life. Given the - society, generally, it is the wife’s considering transfer. ” are economic paradigm in the Indian convenience which must be looked at while 7. The material on record prima facie goes to show that the Hon'ble Apex Court Vide order dated 18.12.2024, transferred the passed in Transfer Petition (Civil) No. 1748 of 2024 case in F.C.O.P.No.74 of 2024 on the file of the Family Court, seeking dissolution L.B.Nagar, Ranga Reddy District tiled by the petitioner/ husband ‘ 2022 LiveLaw (SC) 627 5 of marriage to the Principal Senior Civil Judge, Atmakur. Likewise, the respondent/wife has also filed H.M.O.P.No.07 of 2024, on the file of the Principal Senior Civil Judge, Atmakur, SPSR Nellore District, under Section 9 of the Hindu Marriage Act, 1955 seeking for restitution of conjugal rights. Further, it is also noticed that the Maintenance Case vide M.C.No.01 of 2024 and a Domestic Violence Case vide D.V.C.No.01 of 2024 are pending before the Judicial Magistrate of First Class, Atmakur, SPSR Nellore. Therefore, all the aforesaid four (04) cases are pending before the Competent Courts at Atmakur, SPSR Nellore District. It is well settled that in matrimonial proceedings, the convenience of the wife 8. has to be considered than that of the inconvenience of the husband. In the present case, the grounds urged by the petitioner herein for seeking the transfer of D.V.C., M.C., and H.M.O.P., from the Competent Courts at Atmakur, SPSR Nellore District to the Court at Vijayawada, NTR District is that there is a life threat to the petitioner/husband and his family members in the hands of the respondent No.2/wife at Atmakur, SPSR Nellore District. As seen from the material on record, this Court is of the opinion that the sole 9. ground urged by the petitioner/husband herein in seeking transfer of the Domestic Violence Case, Maintenance Case and the Restitution of conjugal rights Case from Atmakur, SPSR Nellore District to Vijayawada, NTR District is that there is a life threat to the petitioner and his family members in the hands of the respondent No.2/wife at Atmakur in Nellore District. But, I am of the considered view that “we are still living in a Civilized Society” and I see no subsistence in the submission made by the petitioners that there would be any danger to the lives of the petitioners herein 6 while attending the Court proceedings at Atmakur, SPSR any threat given to the petitioners by the respondent No. Nellore District and if there IS 2, the petitioners are always at liberty to take necessary steps as contemplated under law. Therefore in view of the aforesaid reasons, I do not find any merit and subsistence in the contentions taken by the petitioner and as such the present Transfer Petitions liable to be dismissed as devoid of merit. are 10. Further, insofar as the Domestic Violence Case vide the file of the Judicial Magistrate of First Class, Atmakur, D.V.C.No.01 of 2024 on SPSR Nellore District is concerned, the petitioner Nos.2 and 3 are the parents and the petitioner No.3 sister of the petitioner No.1, the petitioner Nos.2 and 3 and the petitioner No.4 is is the are staying at Gujarat State staying at Bangalore, Karnataka State. Therefore , on considering the circumstances of the case, the personal appearance of the petitioner Nos.2 to 4 in Tr.Crl.P.No.13 of 2025, i.e., the respondent Nos.2 to 4 in D.V.C.No.01 of 2024, on the file of the Judicial Magistrate of First Class, Atmakur, SPSR Nellore District, is hereby dispensed with. Further, learned Judicial Atmakur, SPSR Nellore District is directed not to insist for the personal of the petitioner Nos.2 to 4 herein i.e., the respondent Nos.2 to 4 2024, as long as their counsel is attending the court proceedings and representing the case except on the day when their cross-examination is required to be recorded Magistrate of First Class, appearance in D.V.C.No.01 of any other day when their personal appearance is required as directed by the learned Judicial Magistrate of First Class, Atmakur, SPSR Nellore District. Learned counsel for the petitioner/husband has brought to the notice of this Court that the petitioner/husband is suffering from Cancer Ailment and he is or on 11. 7 submission made by the learned counsel undergoing treatment. On considering the I am of the considered view that the petitioner No. 1/husband is at for the petitioners liberty to move an application as contemplated under law before the trial Court. On petitioner/husband, the trial Court is at liberty to based on the merits of the such filing of an application by the request of the petitioner/husband consider the 1 Application. for both sides of arguments, learned counsel appearing the Courts below for disposal of the During the course requested this Court to impose a time limit to aforesaid cases and also requested to 12. direct the learned Judicial Magistrate of First the Maintenance Case vide Case vide D.V.C.No.01 of 2024 on much convenient to both SPSR Nellore District to take up Class, Atmakur M.C.No.01 of 2024 and the Domestic Violence the same day, simultaneously, because it would be very attending the Court proceedings in the aforesaid cases, made by the learned counsel appearing for the parties for On considering the submissions both sides, this Court is iniclined to direct the concerned as follows'. I. The learned Judicial Magistrate of First Class, Atmakur, SPSR Nellore District in M.C.No.01 of 2024 and D.V.C.No.01 of months from the date of receipt of a copy of also further directed to post both the aforesaid Domestic 13. is directed to dispose of the Cases in 2024 within a period of nine (09) the order and is Violence Case and as well as the 11. The learned Principal Senior Civil Judge Maintenance Case on the same day. Atmakur, SPSR Nellore District is M.O.P.No.07 of 2024 within a period also directed to dispose of the case in H of nine (09) months from the date of receipt of a copy of the order. 8 14. With the above Tr.C.M.P.No.67 of 2025 observations, Tr.Crl.P.Nos.13 are dismissed. There shall be and 19 of 2025 and no order as to costs. As a sequel, miscellaneous granted earlier, if any, shall stand closed. petitions, if any pending and the Interim order SD/- P.U.V.BHASKARA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Judicial Magistrate of First Class, Atmakur, SPSR Nellore District 2. The Principal Civil Judge (Senior Division), Atmakur, SPSR Nellore District. 3. The Station House Officer, Atmakur Police Station, SPSR Nellore District. 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh Amaravathi [OUT] 5. One CC to Sri M M M Srinivasa Rao, Advocate [OPUC] 6. One CC to SmtK. Palfavi, Advocate [OPUC] 7. Three CD Copies To TK AL high court DATED:29/04/2025 COMMON ORDER TRCRLP.Nos.13 & 19 TRCMP No.67 of 2025 of 2025 and C IS MAY 2025 Currentbecuon ^ AND'Srss™a the tSsferT*'" miscellaneous