THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.287 of 2025 ORDER: The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908 (for short, 8the C.P.C.9), seeking to withdraw the F.C.O.P.No.121 of 2023, on the file of Family-cum-IX Additional District and Sessions Judge, Rajamahendravaram, for trial and disposal. 3. The case of the petitioner in brief is as follows: i. The petitioner is the legally wedded wife of the respondent/husband, and their marriage was solemnized on 13.11.2011 at Sita Rama Convention, Edupugulla, Vijayawada, as per Hindu rites and caste customs. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents9 house at Vijayawada along with her two minor children. The petitioner further pleaded that she filed D.V.C.No.88 of 2025 on the file of the I Additional Chief Metropolitan 2 Magistrate, Vijayawada, and the same is pending for adjudication. ii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed F.C.O.P.No.121 of 2023 on the file of the learned Family and IX Additional District and Sessions Judge, Rajamahendravaram, seeking dissolution of the marriage under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, and the same is pending for adjudication. The petitioner further pleaded that the distance between Vijayawada and Rajahmundry is approximately 200 kms, and that it is very difficult for the petitioner/wife to appear before the Family Judge, Rajamahendravaram, on each and every adjournment without any male assistance, and that she is constrained to file this petition. 4. Heard Sri Javvaji Sarath Chandra, learned counsel for the petitioner and Sri K.Chidambaram, learned Senior Counsel representing Sri Yaswanth Gade, learned counsel for the respondent. 3 5. Perused the material available on record. 6. Learned Senior Counsel appearing for the respondent would contend that trial in F.C.O.P.No.121 of 2023 before the Family Court at Rajamahendravaram has commenced and the case has reached an advanced stage, if the matter is transferred now from Rajamahendravaram to Vijayawada, there would be unnecessary delay and waste of precious judicial time, and he would further contend that the petitioner herein/respondent in F.C.O.P.No.121 of 2023, appeared before the Family Court, Rajamahendravaram, engaged a counsel, and also filed a counter, and the trial has commenced and is coming up for cross-examination of the respondent herein, and the matter went up to fourteen adjournments for cross-examination, and because of non-cross-examination of the respondent herein, the matter has been delayed and the case proceedings are stalled, and also brought to the notice of this Court that the petitioner herein filed I.A.No.48 of 2025, before the Family Court, Rajamahendravaram, seeking amendment of the pleadings in the counter in F.C.O.P.No.121 of 2023. 7. Considering the submissions made by the learned counsel on both sides, no doubt in matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience caused to the husband; but in the 4 present case on hand, the respondent/husband filed F.C.O.P.No.121 of 2023 before the Family Court, Rajamahendravaram, and the respondent in F.C.O.P.No.121 of 2023 /petitioner herein, engaged a counsel and trial has been commenced, in such a case if the matter is transferred to Vijayawada now, further proceedings will be delayed. Therefore, I am of the considered view that there are no tenable grounds to consider the request of the petitioner/wife to transfer F.C.O.P.No.121 of 2023, from the Family Court, Rajamahendravaram, to the file of the Family Court, Vijayawada. Admittedly, no cases are pending between both parties before the Family Court, Vijayawada. Considering the representation made by the petitioner, since the petitioner has been staying with two children for their education at Vijayawada, her personal appearance before the Family Court at Rajamahendravaram has been dispensed with expect on the days when her presence is required before the said Court. 8. In the result, the present Transfer Civil Miscellaneous Petition is dismissed. The personal appearance of the petitioner herein/respondent in F.C.O.P.No.121 of 2023 on the file of the Family Court-cum-IX Additional District and Sessions Judge, Rajamahendravaram, is dispensed with. The learned Judge, Family Court, Rajamahendravaram, is hereby directed not to insist 5 on the personal appearance of the petitioner herein, i.e., the respondent in F.C.O.P.No.121 of 2023, as long as her counsel is attending the Court proceedings and representing the case, except on the day when her cross-examination is required to be recorded or on any other day when her personal appearance is required as directed by the learned Judge, Family Court, Rajamahendravaram. The learned Judge, Family Court-cum-IX Additional District and Sessions Judge, Rajamahendravaram, is hereby directed to dispose of F.C.O.P.No.121 of 2023 within a period of four (4) months from the date of receipt of this order and send the report of compliance to the Registrar (Judicial). 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: 19.11.2025 MH 6 103 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.287 of 2025 Date: 19.11.2025 MH