APHC010224312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 159/2025 Between: Kona Venkata Swarna Latha ...PETITIONER AND Chatti Gopi ...RESPONDENT Counsel for the Petitioner: 1. Y SUDHAKAR Counsel for the Respondent: 1. LALAM SYAMANTHA The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.159 of 2025 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw the suit in O.S.No.39 of 2024, on the file of the Principal Senior Civil Judge, at Gajuwaka, Visakhapatanam District and transfer the same to the Principal Senior Civil Judge, Rajamahendravaram, East Godavari District. 2. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of Mr. Kona Naga Appala Govinda Babu and their marriage has been performed at Rajamahendravaram on 25.06.2005. In view of the matrimonial disputes between both the spouses, the petitioner along with her children aged about 16 years and 13 years respectively are staying at her parents’ house at Sri Padmavathi Nagar, Rajahmundry, East Godavari District. The petitioner pleaded that she had lodged a complaint under Section 498-A IPC and the same is numbered as C.C.No.1666 of 2018, on the file of the IV Additional Junior Civil Judge, Rajamahendravaram, against her husband and the same is pending for adjudication. The petitioner further pleaded that she had also filed a Domestic Violence Case vide D.V.C.No.10 of 2018, on the file of the VI Additional Judicial First Class Magistrate, Rajamahendravaram and the trial Court vide its order dated 20.12.2023, had partly allowed the D.V.C., and granted monthly maintenance of Rs.3,000/- per month to the petitioner and her children, which is to be paid by her husband. Thereafter, the petitioner had also filed a Maintenance Case vide F.C.O.P.No.37 of 2018, on the file of the Judge, Family Court, Rajamahendravaram and the Court below vide its order dated 16.06.2023, granted monthly maintenance of Rs.10,000/- each to the petitioner and her minor children, which is also to be paid by her husband. The husband of the petitioner had filed F.C.O.P.No.277 of 2023, on the file of the IX Additional District-Cum-Judge, Family Court, Rajamahendravaram, seeking for dissolution of marriage and the same is pending for adjudication. The petitioner further pleaded that her husband had filed Crl.A.No.29 of 2024, on the file of this Court, against the order passed by the learned VI Additional Judicial First Class Magistrate, Rajamahendravaram in D.V.C., and Crl.R.C.No.235 of 2024 against the order passed by the learned Judge, Family Court, Rajamahendravaram, before this Court and the same are pending for adjudication. The learned counsel for the petitioner had contended that the respondent herein had filed a suit in O.S.No.39 of 2024, on the file of the Principal Senior Civil Judge Court at Gajuwaka, seeking for recovery of the money in the suit promissory note. II. Learned counsel for the petitioner would contend that the husband of the petitioner with a view to harass the petitioner and with malafide intention and in collusion with the respondent herein made the respondent to file a suit in O.S.No.39 of 2025, on the file of the Principal Senior Civil Judge Court at Gajuwaka and it is very difficult for the petitioner to travel at a distance of approximately more than 180 Kms from Rajahmundry to Gajuwaka for attending the suit proceedings before the learned Principal Senior Civil Judge Court at Gajuwaka on each and every date of adjournment and that she was constrained to file the present petition seeking to withdraw the suit in O.S.No.39 of 2024, on the file of the Principal Senior Civil Judge, at Gajuwaka, Visakhapatanam District and transfer the same to the Principal Senior Civil Judge, Rajamahendravaram, East Godavari District. 3. The respondent had filed counter affidavit by denying the material allegations leveled against him in the transfer petition. Learned counsel for the respondent would contend that the respondent herein is no way connected with the cases that are pending in between the petitioner and her husband and he no way related to the marital issues of the petitioner with her husband. Learned counsel for the respondent would further contend that the petitioner herein had filed her written statement in O.S.No.39 of 2024, on the file of the Principal Senior Civil Judge, Gajuwaka, Visakhapatnam District and the same is pending for adjudication and as such there are no valid grounds to allow the present transfer petition filed by the petitioner seeking transfer of the suit in O.S.No.39 of 2024 from the Principal Senior Civil Judge, at Gajuwaka, Visakhapatanam District to the Principal Senior Civil Judge, Rajamahendravaram, East Godavari District and requested to dismiss the present transfer civil miscellaneous petition. 4. Heard Sri Y.Sudhakar, learned counsel for the petitioner and Ms. Lalam Syamantha, learned counsel for the respondent. Perused the material available on record. 5. The material on record prima facie goes to show that in view of the matrimonial disputes in between the petitioner and her husband, the petitioner along with her children aged about 16 years and 13 years respectively are staying at her parents’ house at Sri Padmavathi Nagar, Rajahmundry, East Godavari District, she had lodged a Criminal Case vide C.C.No.1666 of 2018, on the file of the IV Additional Junior Civil Judge, Rajamahendravaram, against her husband and the same is pending for adjudication. Further, the petitioner had also filed a Domestic Violence Case vide D.V.C.No.10 of 2018, on the file of the VI Additional Judicial First Class Magistrate, Rajamahendravaram and the trial Court vide its order dated 20.12.2023, partly allowed the D.V.C., and granted monthly maintenance of Rs.3,000/- per month to the petitioner and her children, which is to be paid by her husband. Thereafter, the petitioner had also filed a Maintenance Case vide F.C.O.P.No.37 of 2018, on the file of the Judge, Family Court, Rajamahendravaram and the Court below vide its order dated 16.06.2023, granted monthly maintenance of Rs.10,000/- each to the petitioner and her minor children, which is also to be paid by her husband. On the other hand the husband of the petitioner had filed F.C.O.P.No.277 of 2023, on the file of the IX Additional District-Cum-Judge, Family Court, Rajamahendravaram, seeking for dissolution of marriage. While so, the respondent herein had filed O.S.No.39 of 2024, on the file of the Principal Senior Civil Judge Court at Gajuwaka, seeking for recovery of the money in the suit promissory note. 6. The main ground urged by the petitioner herein for seeking the transfer of the suit in O.S.No.39 of 2024, is that her husband in collusion with the respondent herein had made the respondent to file the aforesaid suit against the petitioner. During the course of argument, learned counsel for the respondent has represented that the petitioner herein had filed her written statement in O.S.No.39 of 2024, on the file of the Principal Senior Civil Judge, Gajuwaka, Visakhapatnam District and the suit is pending for adjudication. The petitioner had engaged a counsel and filed the written statement in O.S.No.39 of 2024. Admittedly, “the appearance of the party in a civil suit is not at all required on each and every date of adjournment before the trial Court, unless and until his/her counsel is attending the Court proceedings on every date of adjournment. Further, the appearance of the party is required only on the date of giving his/her evidence before the trail Court”. Moreover, the alleged collusion between the husband of the petitioner and the respondent as pleaded by the petitioner in her affidavit has to be decided by the learned Principal Senior Civil Judge, Gajuwaka, Visakhapatnam District, where the suit in O.S.No.39 of 2024 is pending for adjudication. 7. In a case of Kulwinder Kaur alias Kulwinder Gurucharan Singh Vs Kandi Friends Education Trust and Others1, the Hon’ble Apex Court had held as follows: 1 (2008) 3 Supreme Court Cases 659 “23. Reading Sections 24 and 25 of the Code together and keeping in view various judicial pronouncements, certain broad propositions as to what may constitute a ground for transfer have been laid down by Courts. They are balance of convenience or inconvenience to plaintiff or defendant or witnesses; convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; issues raised by the parties; reasonable apprehension in the mind of the litigant that he might not get justice in the court in which the suit is pending; important questions of law involved or a considerable section of public interested in the litigation; “interest of justice” demanding for transfer of suit, appeal or other proceeding, etc. Above are some of the instances, which are germane in considering the question of transfer of a suit, appeal or other proceeding. They are, however, illustrative in nature and by no means be treated as exhaustive. If on the above or other relevant considerations, the Court feels that the plaintiff or the defendant is not likely to have a “fair trial” in the Court from which he seeks to transfer a case, it is not only the power, but the duty of the Court to make such order.” 8. Necessity for transfer of suits from one Court to another would arise if only there exists any similarity of cause of action or commonality of the parties. When such a situation does not exist, the relief claimed for the transfer of suit cannot be granted. Section 24 of CPC confers comprehensive power on the Court to transfer the suits, appeals or other proceedings at any stage either on the application by any party or suo moto. As stated supra, the petitioner had already filed her written statement in O.S.No.39 of 2024, on the file of the Principal Senior Civil Judge, Gajuwaka, Visakhapatnam District and so far as, the alleged collusion in between the husband of the petitioner and the respondent as pleaded by the petitioner in her affidavit is concerned, the same has to be decided by the learned Principal Senior Civil Judge, Gajuwaka, Visakhapatnam District, where the suit in O.S.No.39 of 2024 is pending for adjudication. In view of the aforesaid reasons, I do not find any merit and subsistence in the contentions taken by the petitioner and as such the present Transfer Civil Miscellaneous Petition is liable to be dismissed as devoid of merit. 9. With the above observations, the Transfer Civil Miscellaneous Petition is dismissed. 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: 24.09.2025 SRT 143 THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.159 of 2025 Dt. 24.09.2025 SRT