APHC010036092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] WEDNESDAY ,THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 45/2025 Between: Chowdam Sreelaksmi ...PETITIONER AND Madduri Dilish ...RESPONDENT Counsel for the Petitioner: 1. CHAMUNDESWARI B Counsel for the Respondent: 1. A SYAM SUNDAR REDDY The Court made the following: 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.262 of 2024, on the file of the Family Court, Kadapa and transfer the same to the Family Court, Kurnool. 2. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Kurnool on 18.06.2022 as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife along with a child aged about 6 months are staying at her parents’ house at Kurnool, Kurnool District. The petitioner contend that to cause inconvenience to her, the respondent/husband filed F.C.O.P.No.262 of 2024, on the file of the Family Court, Kadapa, 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 child aged about 6 months, depending upon the mercy of her parents, it is very difficult for her to travel at a distance of more than 200Kms from Kurnool to Kadapa 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.262 of 2024, on the file of the Family Court, Kadapa and transfer the same to the Family Court, Kurnool. 3. Heard Smt. B.Chamundeswari, learned counsel for the petitioner and Sri A.Syam Sundar Reddy, learned counsel for the respondent and perused the material available on record. 4. The respondent/husband has filed a counter affidavit and Sri A.Syam Sundar Reddy, learned counsel for the respondent has represented that the respondent/husband is working as a Software Engineer and if the case in F.C.O.P.No.262 of 2024 is transferred from the Family Court, Kadapa to the Family Court, Kurnool, it will cause inconvenience to the respondent/husband and as such, there are no grounds to consider the request of the petitioner and requested to dismiss the transfer petition filed by the petitioner/wife. He further requested that, if this Court is inclined to transfer the aforesaid case from Kadapa to Kurnool, then the presence of the respondent/husband before the transferee Court may be dispensed with. 5. The material on record prima facie goes to show that in view of the matrimonial disputes between both the parties, the petitioner/wife along with a child aged about 6 months are staying at her parents’ house at Kurnool, Kurnool District and except the case in F.C.O.P.No.262 of 2024, on the file of the Family Court, Kadapa, filed by the respondent/husband seeking dissolution of marriage, there are no other cases pending between both the parties. 6. The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER HEERA 1, 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.” 7. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha2 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.” 8. 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 law 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.262 of 2024, on the file of the Family Court, Kadapa and transfer the same to the Family Court, Kurnool. 1 (2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 Further, on considering the representation made by the learned counsel for the respondent, as the respondent/husband is working as a Software Engineer, the personal attendance of the respondent herein i.e. the petitioner in F.C.O.P.No.262 of 2024, on the file of the Family Court, Kadapa, has been dispensed with before the transferee Court i.e., the Family Court, Kurnool, except on the days when his presence is required as per law. 9. In the result, the present petition is allowed and F.C.O.P.No.262 of 2024, on the file of the Family Court, Kadapa, is hereby withdrawn and transferred to the Family Court, Kurnool. The Family Court, Kadapa, shall transmit the case record in F.C.O.P.No.262 of 2024 to the Family Court, Kurnool, 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. Further, the personal attendance of the respondent herein i.e. the petitioner in F.C.O.P.No.262 of 2024, on the file of the Family Court, Kadapa, has been dispensed with before the transferee Court i.e., the Family Court, Kurnool, except on the days when his presence is required as per law. Both the parties are directed to appear before the Family Court, Kurnool on 08.05.2025, at 10.30 a.m. 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: 16.04.2025 SRT