IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 410 OF 2024 Between: Koppolu @ Kalangi Santhi, W/o. Venkata Vijaya Kumar, age 36 years, D.No. 5-391, Chilakaluripet Village and Mandal, Palnadu District. ...Petitioner AND Koppolu Venkata Vijaya Kumar, S/o.Late Kondala Rao, Hindu, Aged about 43 years. Employee, R/o.Kondubhotlavaripalem Village, Bapatia Mandal, Bapatia 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 to transfer OP No. 99/2024 on the file of Principal Senior Civil Judge's Court, Bapatia, Guntur (Bapatia) district Judge's Court, Narasaraopet, Guntur (Palnadu) district to be tried along with HMOP No. 246 of 2024. to Addl. Senior Civil lA NO: 1 OF 2n?d 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 all further proceedings in OP No. 99/2024 on the file of « § Principal Senior Civil Judge’s Court, Bapatia, Guntur (Bapatia) District, till the disposal of the Transfer Petitioner. Counsel for the Petitioner: SRI THOTA RAMAKOTESWARA RAO Counsel for the Respondent: CKR ASSOCIATES The Court made the following ORDER: 4 ^ t f THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.410 of 2024 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to transfer O.P.No.99 of 2024, on the file of the Principal Senior Civil Judge Court, Bapatia, Guntur (Bapatia) District to the Additional Senior Civil Judge Court, Narasaraopet, Guntur (Palnadu) District. The case of the petitioner in brief is as follows: 2. I. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Tenali on 08.06.2023 as per Hindu rites and customs, of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Chilakaluripet, Palnadu The petitioner pleaded that she had filed a Maintenance Case vide M.C.No.37 of 2024 and a Domestic Violence Case Vide D.V.C.No.18 of 2024, the file of the Additional Junior Civil Judge Court, Chilakaluripet. The petitieonr further pleaded that she also filed H.M.O.P.No.246 of 2024, on the file of the Senior Civil Judge, Narasaraopet, under Section 9 of the Hindu Marriage Act, 1955, seeking for restitution of conjugal rights and the respondent/husband is attending the Court proceedings in the aforesaid cases before the competent Courts at Chilakaluripet and Narasaraopet. The that to cause inconvenjence In view District. on the to her. petitioner contend respondent/husband filed O.P.No.99 Senior Civil Judge Court, Bapatia 13(1)(ia) of the Hindu Marriage Act, • Learned counsel for the petitioner further woman, depending upon the travel at a distance of any male support and that she of 2024, on the file of the Principal Guntur (Bapatia) District, under Section 1955 seeking for dissolution of marriage. contended that the petitioner being a mercy of her parents, it is very difficult for her to more than 50Kms from Chilakaluripet to Bapatia without was constrained to file the present petition O.P.No.99 of 2024 against the respondent/husband seeking to transfer file of the Principal Senior Civil Judge Court to the Additional Senior Civil on the Bapatia, Guntur (Bapatia) District Guntur (Palnadu) Judge Court, Narasaraopet District. 3. Respondent had filed pleaded by the petitioner, distance in between Chilakaluripet are no specific allegations to transfer the the Principal Senior Civil Judge Additional Senior Civil Judge Court, f requested to dismiss the transfer petition filed 4- Heard, Sri Thota Ramakoteswara learned counsel Perused the material available a counter affidavit denying the material averments Learned counsel for the respondent contend that the and Bapatia is approximately 73Kms and there case in O.P.No.99 of 2024 Court, Bapatia, Guntur on the file of (Bapatia) District to the District and Narasaraopet, Guntur (Palnadu) by the petitioner herein. Rao, learned appearing for M/s. CKR Associates on record. counsel for the petitioner and appearing for the respondent. 3 T 5 The material on record prima facie goes to show that the petitioner filed a Case vide M.C.No.37 of 2024 and a Domestic Violence Case Vide the file of the Additional Junior Civil Judge Court, Maintenance DV.C.No.18 of 2024, on Chilakaluripet and she had also filed H.M.O.P.No.246 of 2024, on the file of the Civil Judge, Narasaraopet, under Section 9 of the Hindu Marriage Act, 1955, / Senior seeking Court proceedings in the aforesaid cases before the competent Courts at Chilakaluripet and Narasaraopet. The respondent/husband has filed O.P.No.99 of the file of the Principal Senior Civil Judge Court, Bapatia, Guntur (Bapatia) for restitution of conjugal rights and the respondent/husband is attending the 2024, on District, dissolution of marriage. 6 Learned counsel for the respondent has placed reliance on the Judgment passed by the Hon’ble Apex Court in ANINDITA DAS Vs SRIJIT DAS\ But, in the present case, the petitioner/wife has instituted H.M.O.P.No.246 of 2024, on the file Senior Civil Judge, Narasaraopet, under Section 9 of the Hindu Marriage Act, seeking for restitution of conjugal rights. Further, it is also noticed that the respondent/husband has filed O.P.No.99 of 2024, on the file of the Principal Senior Civil Judge Court, Bapatia, Guntur (Bapatia) District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking for dissolution of marriage. Therefore, in order to avoid conflicting Judgments, both the restitution of conjugal rights petition filed by the petitioner and the divorce petition filed by the respondent are to be tried by the same Judge. under Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking for of the 1955 M2006) 9 Supreme Court Cases 197 4 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: 7. 8. “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 transfer O.P.No.99 of 2024, on the file of the Principal Senior Civil Judge Court, Bapatia, Guntur (Bapatia) District to the Additional Senior Civil Judge Court, Narasaraopet, Guntur (Palnadu) District and in order to avoid conflicting Judgment, this Court feels 9. ^ (2000) 10 see 304 ^ 2022 LiveLaw (SC) 627 5 it appropriate to direct the learned Additional Senior Civil Judge Narasaraopet to try the case in O.P.No.99 of 2024 along with H.M.O.P.No.246 of 2024, on the file of the Senior Civil Judge, Narasaraopet. In the result, the present petition is allowed and O.P.No.99 of 2024, on the file of the Principal Senior Civil Judge Court, Bapatia, Guntur District is hereby withdrawn and transferred to the the Additional Senior Civil Judge Court, 10. Narasaraopet, Guntur District. The Principal Senior Civil Judge Court, Bapatia, Guntur District, shall transmit the case record in O.P.No.99 of 2024 to the Additional Narasaraopet, Guntur District duly indexed as Senior Civil Judge Court expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of the order. Further, the learned Additional Senior Civil Judge Court, Narasaraopet, Guntur District, is hereby directed to try O.P.No.99 of 2024 filed by the respondent/husband seeking for dissolution of marriage along with H.M.O.P.No.246 of 2024 filed by the petitioner herein seeking for restitution of conjugal rights (now under the orders of transfer) and dispose of the same within nine (09) months from the date of receipt of a copy of the order. 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. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Senior Civil Judge's Court, Bapatia, Guntur (Bapatia) District. 2. The Additional Senior Civil Judge's Court, Narasaraopet, Guntur (Palnadu) District. 3. One CC to Sri. Thota Ramakoteswara Rao, Advocate [OPUC] 4. One CC to Sri. CKR Associates, Advocate [OPUC] 5. Three CD Copies Chp sree HIGH COURT DATED:29/04/2025 \ ORDER TRCMP.No.41 Oof 2024 ALLOWING THE TR.C.M.P. WITHOUT COSTS