I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI - MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE Q ii 4. PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 327 OF 2024 Between: Guna Puspalatha, W/o. Ramakrishna, aged 35 Years, R/o. Dharmaneelapuram Village, Tekkali Mandalam, Srikakulam Dist ...PETITIONER/RESPONDENT AND Guna Ramakrishna, S/o. China Babu, Aged about 37 Years, R/o. Room No.5, Sarada Complex, 0pp. C.M.R., Beside Kanakamahal, Subadharpet, Nellore, Andhra Pradesh. ...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 transfer the F.C.O.P No. 33/2024, on the file of VI Addl. District and Sessions Judge -cum- Family Court, at SPSR Nellore District, to any of the competent courts at Tekkali of Srikakulam District or any other Court in Srikakulam. lA 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 grant stay in all further proceedings in F.C.O.P. 33/2024, on the file of VI Addl. District & Sessions Judge - cum- Family Court, at SPSR {^elldre-i^i strict. C^^fiTfor the Petitioner : DR.SATTARU RAJANl \ >r-.v Cof^h^i^or the Respondent: SRI K RAMA KOTESWARA RAO The Court made the following ORDER ; / 1 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.327 of 2024 ORDER: The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908, (for short ‘the C.P.C.’) seeking transfer of F.C.O.P.No.33 of 2024 on the file of the VI Additional District & Sessions Judge-cum-Family Court, Nellore, S.P.S.R. Nellore District, to any of the competent Courts at Tekkali, Srikakulam District, for trial. The case of the petitioner in brief is as follows; 2. The petitioner is the legally wedded wife of the respondent and the marriage of the petitioner with the respondent was solemnized on 27.06.2007, at Dharmaneelapuram Village, as per the Hindu Rites and Caste Customs. During their wedlock period, the petitioner and the respondent were blessed with two (2) children. After that, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her two (2) children who are studying 10 & 8 Class respectively at her parents’ house at Dharmaneelapuram Village, Tekkali Mandal, Srikakulam District. The petitioner/wife pleaded that she filed Maintenance Case vide M.C.No.21 of 2011 on the file of the Judicial Magistrate of First Class, Tekkali, Srikakulam District, under Section 125 of Cr.P.C., seeking monthly maintenance from the respondent/husband and it was disposed of by VGKR, J Tr.C.M.P.No.327 of 2024 Dated 05.05.2025 2 the Court below. At present, the Interim Application No.318 of 2025 is pending before the same Court, seeking for enhancement of maintenance. II. The petitioner/wife further pleaded that to cause unnecessary inconvenience to her, the respondent/husband had filed F.C.O.P.No.33 of 2024 on the file of the VI Additional District & Sessions Judge-cum- Family Court, Nellore, S.P.S.R. Nellore District, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking dissolution of the marriage and the same is pending for adjudication. III. The petitioner/wife further pleaded that, she being a woman, residing separately along with her two (2) children, who are studying 10 & 8 Class respectively, at her parents’ house at Dharmaneelapuram Village, it is very difficult for her to travel at a distance of more than 750Kms from Dharmaneelapuram Village, Tekkali, Sfikakulam District, to Nellore, S.P.S.R. Nellore District, to attend the divorce case proceedings on each and every adjournment without any male support and that she is constrained to file the present petition seeking transfer of F.C.O.P.No.33 of 2024 on the file of the VI Additional District & Sessions Judge-cum-Family Court, Nellore, S.P.S.R. Nellore District, to any of the competent Courts at Tekkali, Srikakulam District. The respondent filed his counter-affidavit by denying the averments of 3. the petitioner filed in the petition. VGKR, J Tr.C.M.P.No.327of 2024 Dated 05.05.2025 «»■ 3 Learned counsel for the respondent would contend that there are no merits to allow the petition filed by the petitioner/wife and the present Transfer Civil Miscellaneous Petition may be dismissed. 4. Learned counsel for the petitioner fairly represented that instead of 5. transferring the matter to Senior Civil Judge, Tekkali, the present matter may be transferred to the Judge, Family Court, Tekkali, Srikakulam District instead of Tekkali, which is more convenient to the respondent/husband to travel from Nellore to Srikakulam. Heard learned counsel appearing on both sides on record. 6. Perused the material available on record. 7. As seen from the material on record, due to the matrimonial disputes 8. between both the spouses, the petitioner/wife has been residing separately along with her two (2) children who are studying 10 & 8 Class respectively, at her parents’ house at Dharmaneelapuram Village, Tekkali Mandal, Srikakulam District. The material on record further reveals that, the respondent/husband had filed a case i.e., F.C.O.P.No.33 of 2024 on the file of the VI Additional District & Sessions Judge-cum-Family Court, Nellore, S.P.S.R. Nellore District, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking dissolution of the marriage and the same is pending for adjudication. It is also undisputed that the distance between both the places is more than 750 Kms, it is very difficult for her to travel along with her two (2) children, from VGKR, J Tr.C.M.P.No.327 of2024 Dated 05.05.2025 4 Dharmaneelapuram Village, Tekkali, Srikakulam District Nellore District, to attend the divorce to Nellore, S.P.S.R. case proceedings on each and every adjournment without any male support and that she is constrained to file the present petition. 9. The Apex Court in a case of GEETA HEERA Vs. HARISH CHANDER HEERA\ 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.” 10. The Apex Court in a case of N.C.V. AISHWARYA Vs. A.S. SARAVANA KARTHIK SHA^, held as follows: “9. The cardinal principles 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 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 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. are marriage and M2000) 10 see 304 ^ 2022 LiveLaw (Se) 627 VGKR, J Tr.C.M.P.,No.327 of 2024 Dated 05.05,2025 5 generally, it is the wife’s convenience which must be looked at while considering transfer. ” Learned counsel for the respondent placed reliance in a case of Guddati @ Dodd/ Jaya Madhuri Vs. Dodd/ Siva Subhramanya Konda Babu^, wherein this Court, vide order dated 09.03.2023, in a Transfer Civil 11. Miscellaneous Petition No.368 of 2022: It was also held that, it is the constituent view of the Hon’ble Apex Court 12. in respect of the matrimonial proceedings; the convenience of the wife has to be considered than that of the inconvenience caused to the husband. It was represented by learned counsel appearing on both sides on 13. record that, some time limit may be fixed to the Judge, Family Court, Srikakulam, to dispose of the matter on merits. 14. On considering the submissions made by the learned counsel appearing for both sides and in view of the ratio laid down by the aforesaid case laws and on considering the facts and circumstances of the present case that in matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience of the husband. Therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, seeking transfer of F.C.O.P.No.33 of 2024 on the file of the VI Additional District & Sessions Judge-cum-Family 3 2023 (6) ALD 652 (AP) VGKR, J Tr.C.M.P.No.327of2024 Dated 05.05.2025 6 Court, Nellore, S.P.S.R. Nellore District, to the Judge, Family Court, Srikakulam. 15. In the result, the Transfer Civil Miscellaneous Petition is allowed and F.C.O.P.No.33 of 2024 on the file of the VI Additional District & Sessions Judge-cum-Family Court, Nellore, S.P.S.R. Nellore District is hereby withdrawn and transferred to the Judge, Family Court, Srikakulam. The learned VI Additional District & Sessions Judge-cum-Family Court, Nellore, S.P.S.R. Nellore District, shall transmit the case record in F.C.O.P.No.33 of 2024 to the Judge, Family Court, Srikakulam, duly indexed as expeditiously possible preferably within a period of two (02) weeks from the date of receipt of a copy of the order. Both the parties are directed to appear before the Judge, Family Court, Srikakulam, on 16.06.2025, at 10.30 a.m. as 16. The learned Judge, Family Court, Srikakulam, is hereby instructed to dispose of the matter on merits within six (6) months, from the date of appearance of both the parties. 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/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The VI Additional District & Sessions Judge Nellore, SPSR Nellore District. - cum- Family Court, 2. The Judge. Family Court, Srikakulam, Srikakulam district 3. Guna Ramakrishna, S/o. China Babu, Aged about 37 Years, R/o. Room No.5, Sarada Complex, 0pp. C.M.R., Beside Kanakamahal, Subadharpet, Nellore. Andhra Pradesh. 4. Guna Puspalatha, W/o. Ramakrishna, aged 35 Years, R/o. Dharmaneelapuram Village, Tekkali Mandalam, Srikakulam Dist 5. One CC to Sri. Dr.Sattaru Rajani Advocate [OPUC] 6. One CC to Sri. K Rama Koteswara Rao Advocate [OPUC] 7. THREE CD COPIES Stu TAC HIGH COURT DATED:05/05/2025 ORDER TRCIVIP.No.327 of 2024 I U MAY 2025 ‘ ^ . Current section . . ALLOWING THE TR.CMP