fcC'i IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR^i fQ. TUESDAY ,THE TWENTY NINETH DAY OF AP TWO THOUSAND AND TWENTY FIVE M PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NOr2 OF 2024 Between: Ukkidi Kameswara Rao, s/o, Satyanarayana, Aged about 40 years, Occ Employee in Saudi Electricity Company, PP-10 Plant, Riyadh, Saudi Arabia, Gulf Country Rep. by his Mother and GPA Holder, Smt. Ukkidi Nagamani, W/ o, Satyanarayana, Aged about 59 years, Occ Housewife, R/o. D.No.3-5, Kobbarithota, Vuyyuru, Vu5ryuru Mandal, Krishna District. ...Petitioner/Accused AND 1. Smt Ukkidi Anusha, W/ o. Kameswara Rao, Aged about 32 Housewife, R/o. D.No.2-2, Lakshmi Ganapathi Nagar, 3rd Road, Near Water Tank, Chodimalla Village, Eluru Mandal, Eluru District. 2. Ukkidi Nehant Ram, S/ o. Kameswara Rao, Aged about 7 Student, R/o. D.No.2-2, Lakshmi Ganapathi Nagar, 3rd Road Water Tank, Chodimalla Village, Eluru Mandal, Eluru District. (The 2nd Respondent is minor, represented by his natural guardian Mother, i.e. the 1st Respondent.) years, Occ years, Occ Near and h A- it: 3. The State of Andhra Pradesh, rep by its Public Prosecutor High Court of Andhra Pradesh Amaravathi ...Respondents Petition under Section 407 of Cr.P.C, praying that the High Court may be pleased to transfer the M.C. No. 10 of 2023, pending on the file of Special Judicial Magistrate of First Class (Excise) Court, Eluru, West Godavari District, to the Court of Judicial Magistrate of First Class, Vuyyuru, Krishna District to try along with C.C. No.305 of 2022 (New C.C. No. 265 of 2023) pending on the file of Judicial Magistrate of First Class, Vuyyuru. I.A. 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 M.C. No. 10 of 2023, pending on the file of Special Judicial Magistrate of First Class (Excise) Court, Eluru, West Godavari District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P S P Suresh Kumar, Advocate for the Petitioner and the Public Prosecutor behalf of the Respondent No. and of Sri G.V.Anand Kumar Advocate for the Respondent Nos. 1& 2 on The Court made the following order: % THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No,02 of 2024 ORDER: The petitioner herein has filed the present petition under Section Cr.P.C., seeking to transfer M.C.No.10 of 2023, on the file of the Special Judicial Magistrate of First Class (Excise) Court, Eluru, West Godavari District to the Judicial Magistrate of First Class, Vuyyuru, Krishna District. 407 of 2. The case of the petitioner in brief is as follows: I. The petitioner herein is the husband of the respondent No.1 and their marriage has been performed at Annavaram, East Godavari District 02.01.2006, as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, they are residing separately. During their wedlock, the petitioner and the respondent No.1 were blessed with a male child aged about 07 years and he is residing along with the respondent No.l/mother. The petitioner pleaded that the respondent No.1 had lodged a complaint before the Eluru Rural Police Station under Section 498-A, 307 r/w 341 IPC vide Cr.No.182 of 2022 and the same was numbered as C.C.No.305 on of 2022, on the file of the Special Judicial Magistrate of First Class-Cum- Excise Court, Eluru and the is pending. The petitioner further pleaded that the respondent Nos.1 and 2 had filed a Maintenance Case vide same M.C.No.10 of 2023 and the respondent No.1 had also filed Violence Case vide D.V.C.No.SI of 2023, on the file of the Special Judicial a Domestic 2 of First Class-Cum-Excise Court, Eluru and the petitioner/husban d the aforesaid cases before the Magistrate is attending the Court proceedings in Competent Court at Eluru.. petitioner pleaded that the respondent No.1 suppressed the real facts and registered all the aforesaid cases at Eluru, with a view to harass the petitioner family members and that they have filed Tr.Crl.P.No.42 of 2023, The and his before this Court seeking to transfer of C.C.No.305 of 2022, on the file of the of First Class-Cum-Excise Court, Eluru to the Special Judicial Magistrate Judicial Magistrate of First Class, Vuyyuru, Krishna District. This Court vide order dated 07.10.2023, transferred the case in C.C.No.305 of 2022, to the Judicial Magistrate of First Class, Vuyyuru. Learned counsel for the petitioner would contend that in order to avoid conflicting Judgments, all the three (03) cases viz., C.C.No.305 of 2022, M.C.No.10 of 2023 and D.V.C.No.51 of 2023, be tried simultaneously and that the petitioner was constrained to filed Transfer Criminal Petition seeking to transfer M.C.No.10 of 2023, have to the present the file of the Special Judicial Magistrate of First Class (Excise) Court on Godavari District to the Judicial Magistrate of First Class, Eluru, West Vuyyuru, Krishna District. detailed counter affidavit denying the material The respondent No.1 had filed a pleaded by the petitioner and the learned counsel for the respondent^ had contended that there are no tenable grounds to consider the request of the petitioner and as such requested to dismiss the transfer criminal petition filed by the 3. averments petitioner 3 4. Heard Sri P.S.P.Suresh Kumar, learned counsel for the petitioner, learned Public Prosecutor representing for the respondent No. 1/State and Sri G.V.Anand Kumar, learned counsel for the respondent No.2 and 3. Perused the record. The material on record prima facie goes to show that the respondent No.1 5. herein had filed C.C.No.305 of 2022, on the file of the Special Judicial Magistrate of First Class-Cum-Excise Court, Eluru, against the petitioner herein and a Maintenance Case vide M.C.No.10 of 2023 and a Domestic Violence Case vide D.V.C.No.51 of 2023, on the file of the Special Judicial Magistrate of First Class- Cum-Excise Court, Eluru and the petitioner/husband is attending the Court proceedings in the aforesaid cases before the Competent Court at Eluru. Learned counsel for the respondents would contend that the respondent No.1 along with her son aged about 7 years, who is the respondent No.2 in the present case are staying at Eluru and the respondent No.2 is prosecuting his studies at Siddhartha School at Eluru. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha’' held as follows; 6. “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 ^ 2022 LiveLaw (SC) 627 4 in the Indian society, generally, it is the wife’s prevailing socio- economic paradigm in convenience which must be looked at while considering transfer. 7. Learned counsel for the pefrtionef has placed a reliance on the Judgment dated 17.12.2020 of this Court in K,SRIRAMULU Vs T.MARIYADASU, passed iiii Transfer Criminal petition No.25 of 2019 and also further placed reliance on another Judgment dated 02.11.2023, passed by this Court in Transfer Criminal Petition Nos.80 and 102 of 2023. But, the ratio laid down by this Court in tile applicable only to the Criminal Cases, but, whereas, the Maintenance Case, which is quite differeht aforesaid case laws are present case is filed seeking to transfer a to the case proceedings relied by the petitioner. As seen from the material on record, the first contention taken by the 8. the file of the petitioner herein for seeking the transfer of M.C.No.10 of 2023, on of First Class-Cum-Excise Court, Eluru to the Judidial Special Judicial Magistrate Magistrate of First Class at Vuyyuru, Krishna District, is that they have filed Tr.Crl.P.No.42 of 2023, before this Court seeking to transfer of C.C.No.305 of 2022, the file of the Special Judicial Magistrate of First Class-Cum-Excise Court, ElUru of First Class, Vuyyuru and this Court vide order dalted on to the Judicial Magistrate 07.10.2023, transferred the case in C.C.No.305 of 2022, to the Judicial Magistrate of First Class, Vuyyuru. Therefore, in order to avoid conflicting Judgments, all the three cases i.e., C.C., M.C., and D.V.C., are to be tried simultaneously and as such! the petitioner filed the present transfer petition seeking to transfer the case in M.C.N{).10 of First Class-Cum-E)Jcise of 2023, on the file of the Special Judicial Magistrate Court, Eluru to the Judicial Magistrate of First Class at Vuyyuru, Krishna District As seen from the material on record, it is noticed that the respondent Nos.1 9. and 2 are staying at Eluru and the respondent No.2, who is the son of the petitioner and the respondent No.1 aged about 07 years and he is prosecuting his studies at Eluru. If in case, the Maintenance Case filed by the respondent No.1 is transferred from Eluru to Vuyyuru, it will cause more inconvenience to the respondent Nos.1 and 2. ‘The law is well settled that in matrimonial cases the convenience of the wife has to be considered than that of the inconvenience of the husband”. Therefore, the contention taken by the petitioner is unsustainable under law. Further, the subject matter of the present case is with regard to the Maintenance Case which was filed by the respondent No.1, and it cannot be clubbed with a Criminal Case and cannot be tried together. On considering the facts and circumstances of the case, I do not find any merit and subsistence in the contentions taken by the petitioner and as such, the present Transfer Criminal Petition is liable to be dismissed as devoid of merit. With the above observations, the Transfer Criminal Petition is dismissed. 10. 11. 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/- M PRABHAKAR RAO ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Special Judicial Magistrate of First Class (Excise) Court, Eluru West Godavari District. 2. One CC to Sri. PSP Suresh Kumar Advocate [OPUC] 3. One CC to Sri. G.V.Anand Kumar Advocate [OPUC] 4. Three CD Copies stu HIGH COURT DATED:29/04/2025 ORDER TRCRLP.No.2 of 2024 DISMISSING THE TRANSFER CRIMINAL PETITION WITHOUT COSTS