>NC, THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAf^p r.v'i. A-- 1^/ ■■■' a WEDNESDAY, THE NINETEENTH DAY OF MARCH V TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 25 OF 2025 Between: Smt Bikkina Leela Priyanka, W/o Bikkina Suresh Babu, D/o Kodali Raja Sekhar, Aged about 42 years, R/o D.No. 13-7-6, Ramapuram Colony, 0pp. Arch, 3rd floor, Pavithra Nilayam, Poranki, Vijayawada, Andhra Pradesh-521137 ...Petitioner/Respondent AND Sri Bikkina Suresh Babu, S/o Rama Krishna, aged about 46 years, R/o D.No. 1-139, Chowdavaram Village, Ramachandrapuram Mandal, East Godavari District. ...Respondent/Petitioner 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 withdraw, HMOP 130 of 2020 pending on the file of the Senior Civil Judge Court, Ramachandrapuram, East Godavari District filed by the Respondent herein under section 9 of HMA, 1955 seeking restitution of conjugal rights, and to be tried along with FCOP No. 158 of 2024 on the file of District Judge, Family Court cum IV Additional District and Sessions Judge, Vijayawada which was filed by me against the respondent seeking for divorce under sections 13(1)(ia)(ib) of the Hindu Marriage Act, 1955. lA NO: 1 OF 2025 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 HMOP 130 of 2020, on the file of the Senior Civil Judge Court, Ramachandrapuram, East Godavari District pending disposal of the above Transfer Petition. Counsel for the Petitioner: Sri Venkat Chaiasani Counsel for the Respondent: None Appeared The Court made the following Order: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.25 of 2025 ORDER: Today when the matter is taken up for hearing, Sri Chalasani Venkat learned counsel for the petitioner has represented that the proof of service memo along with the postal track consignment sheet is filed before the Registry and the same is placed on the record. As per the said postal track consignment sheet, the registered notice sent to the respondent by the learned counsel for the petitionerwas served on him on 08.02.2025. But, none appeared for the respondent. Therefore, service held sufficient. The petitioner/wife filed the present petition under Section 24 of the 2. Code of Civil Procedure, 1908, seeking to withdraw H.M.O.P.No.130 of 2020 on the file of the Senior Civil Judge Court, Ramachandrapuram, East Godavari District and transfer the same to the District Judge, Family Court- Cum-IV Additional District and Sessions Judge, Vijayawada. 3. 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 Dwaraka Tirumala, West Godavari District, on 18.08.2006 as per Hindu rites and customs. During their wedlock, the petitioner and the respondent were blessed with two daughters aged about 16 years and 8 years respectively. In view of the matrimonial disputes between both the parties, the petitioner/wife along with her children are staying at her parents’ house at Poranki, Vijayawada. The petitioner pleaded that she had lodged a complaint before the Station House Officer, Disha Police Station, Vijayawada under Section 498-A IPC vide Cr.No.104 of 2020 and the same has been numbered as C.C.No.1466 of 2023, on the file of the II Additional Chief Metropolitan Magistrate, Vijayawada and the same is pending. The petitioner further pleaded that she also filed a Domestic Violence Case vide D.V.C.No.147 of 2024, on the file of the I Additional Chief Metropolitan Magistrate Court, Vijayawada and F.C.O.P.No.158 of 2024, on the file of the Family Court Cum IV Additional District and Sessions Judge Court, Vijayawada, under Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking for dissolution of marriage the same are pending for adjudication. The petitioner contend that to cause inconvenience to her, the respondent/husband filed H.M.O.P.No.130 of 2020, on the file of the Senior Civil Judge Court, Ramachandrapuram, East Godavari District, under Section 9 of the Hindu Marriage Act, 1955 seeking for restitution of conjugal rights. ^11. Learned counsel for the petitioner further contended that the petitioner being a woman having two daughters aged about 16 years and 8 years respectively, depending upon her parents, it is very difficult for her to travel at a distance of more than 190Kms from Vijayawada Ramachandrapuram without any male support and that she to was 0 3 constrained to file the present petition against the respondent/husband seeking to withdraw H.M.O.P.No.130 of 2020, on the file of the Senior Civil Judge Court, Ramachandrapuram, East Godavari District and transfer the same to the District Judge, Family Court-Cum-IV Additional District and Sessions Judge, Vijayawada. Heard Sri Sri Chalasani Venkat, learned counsel for the petitioner. 4. Though notice has been served on the respondent, none appeared for the respondent. Perused the material available on record. The material on record prima facie goes to show that the petitioner/wife 5. had instituted a a Domestic Violence Case vide D.V.C.No.147 of 2024 and F.C.O.P.No.158 of 2024, under Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking for dissolution of marriage before competent Courts at Vijayawada and the respondent/husband is also attending the Court proceedings in the aforesaid cases. The respondent/husband has filed H.M.O.P.No.130 of 2020, on the file of the Senior Civil Judge Court, Ramachandrapuram, East Godavari District, under Section 9 of the Hindu Marriage Act, 1955 seeking for restitution of conjugal rights. 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 ^ ZOl'^UveLaw (SC) 627 4 % 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. ” 7. On considering the submissions made by the learned counsel for the petitioner 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 H.M.O.P.No.130 of 2020, on the file of the Senior Civil Judge Court, Ramachandrapuram, East Godavari District and transfer the same to the Principal Family Court-Cum-IV Additional District and Sessions Judge, Vijayawada. 8. In the result, the present petition is allowed and H.M.O.P.No.130 of 2020, on the file of the Senior Civil Judge Court, Ramachandrapuram, East Godavari District, is hereby withdrawn and transferred to the Principal Family Court-Cum-IV Additional District and Sessions Judge, Vijayawada. The Senior Civil Judge Court, Ramachandrapuram, East Godavari District, shall transmit the case record in H.M.O.P.No.130 of 2020 to the Principal Family Court- Cum-IV Additional District and Sessions Judge, Vijayawada, duly indexed as 5 expeditiously as possible preferably within a period of two (02) weeks 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/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The District Judge, Family Court, Vijayawada, Krishna District. 2. The Civil Judge (Senior Division), Ramachandrapuram, East Godavari District. 3. One CC to Sri Venkat Chalasani Advocate [OPUC] 4. Three CD Copies SAM vna \ HIGH COURT DATED:19/03/2025 ORDER TRCMP.No.25 of 2025 f 0 3 APR 2025 g ^ . Current Section ALLOWING THE TRCMP