APHC010401952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY. THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 255 OF 2025 Between: Tupakula Hima Bindu @ Chalamcherla Hima Bindu, W/o Tupakula Hariprasad, D/o Chalamcharla Dharmarao, Aged 39 years, Hindu, Housewife, R/o. Flat No.506, Pavans Sunrise Apartments, Amaravathi Road, Opposite Hindu College Pharmacy, Guntur - 522007. ...Petitioners/Respondents AND Tupakula Hariprasad, S/o Subbarao. Aged about 45 years. Hindu. Software Engineer, R/o Ammanabrolu Village, Naguluppapadu Mandal District - 523180. Prakasam ...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 and Transfer the G.W.O.P. No. 26/2024 from the Hon’ble Principal District, Ongole Prakasam District, to the Honble Family Court, Guntur District, and pass 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 of all further proceedings in G.W.O.P. No. 26 of 2024 on the file of Principle District Judge at Ongole, Prakasam District., pending disposal of the above transfer petition. This Petition comin on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Jaya Prakash Madasu, Advocate for the Petitioner and of Sri P. Mallikarjuna Rao, Advocate for the Respondent. The Court made the following order: / HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.255 of 20.^ THE ORD'EF’^ petitioner/wife filed the present petition under Section 24 of the 1908, seeking to withdraw G.W.O.P.No.26 of 2024, Principal District Judge, Ongole, Prakasam District and transfer the same to the Judge, Family Court, Guntur District. The Code of Civil Procedure on the file of the The case of the petitioner in brief is as follows; 2. The petitioner is the legally wedded wife of the respondent and their 23.04.2008, as per Hindu I. has been performed at Ongole on During their wedlock, the petitioner and the respondent marriage rights and customs children aged about 13 years and 6 years of the matrimonial disputes between both the parties. werei blessed with two respectively. In view petitioner/wife along with her daughter aged about 13 years are staying at Guntur and depending upon the mercy of her the at her parents’ house parents and the son of the petitioner, who is aged about 6 years is staying along with his father i.e., the respondent herein at Naguluppapadu Mandal, District. The petitioner pleaded that she had lodged a complaint Police Station, Guntur, under Section 498-A IPC Prakasam before the Disha Urban Section 4 of the Dowry Prohibition Act and the same nunnbered as C.C.No.3261 of 2023, on the file of the V Additional Junior IS and under Civil Judge, Guntur and the same is pending for adjudication. The Maintenance Case vide petitioner further pleaded that she had filed a F.C.O.P.(M.C.) No.444 of 2023 and a Domestic Violence Case vide D.V.C.No.70 of 2024, on the file of the Judicial First Class Magistrate, Guntur and the respondent/husband is attending the Court proceedings before the competent Court at Guntur. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband filed G.W.O.P.No.26 of 2024, on the file of the Principal District Judge, Ongole, under Sections 10 and 25 of the Guardian and Wards Act, 1890, seeking for custody of the children. II. Learned counsel for the petitioner further contended that the respondent/husband has also filed a case in F.C.O.P.No.4 of 2024, on the file of the Judge, Family Court, Ongole, seeking for dissolution of marriage and the same is transferred to Guntur and numbered F:C.O.P.No.759 of 2024, which is pending for adjudication on the file of the Family Court, Guntur. Fie further contended that the petitioner being a woman having a daughter aged about 13 years, depending upon the mercy of her parents, it is very difficult for the petitioner/wife to travel at a distance of approximately more than 120 Kms from Guntur to Ongole for attending the Court proceedings before the learned Principal District Judge, Ongole, without any male support and that she was constrained to file the present petition against the respondent/husband seeking to withdraw G.W.O.P.No.26 of 2024, on the file of the Principal District Judge, Ongole, Prakasam District and transfer the same to the Judge, Family Court, Guntur. as Learned counsel for the respondent/husband would contend that the daughter of the parties, who is aged about 13 years is in the custody of the petitioner/wife and the son of the parties, who is aged about 6 years, is in the custody of the respondent/husband. He would further contend that there are no grounds to consider the request of the petitioner/wife seeking transfer of 3. the case in G.W.O.P.No.26 of 2024 from the Principal District Judge, Ongole, Prakasam District to the Judge, Family Court, Guntur requested to dismiss the transfer civil miscellaneous petition. Heard Jaya Prakash Madasu, learned counsel for the petitioner and Sri FMVIallikharjuna Rao, learned counsel for the respondent. Perused the 4. material available on record. 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 her daughter aged about 13 years are staying at her parents’ house at Guntur and depending upon the mercy of her parents and the son of the petitioner, who is aged about 6 years is staying along with his father i.e., the respondent herein at Naguluppapadu Mandal, Prakasam District. Further, the petitioner 5. had filed a Criminal Case vide C.C.No.3261 of 2023, on the file of the V Additional Junior Civil Judge, Guntur and the same is pending for adjudication. The petitioner had also filed a Maintenance Case vide F.C.O.P.(M.C.) No.444 of 2023 and a Domestic Violence Case vide D.V.C.No.70 of 2024, on the file of the Judicial First Class Magistrate, Guntur. The respondent/husband has filed G.W.O.P.No.26 of 2024, on the file of the Principal District Judge, Ongole, under Sections 10 and 25 of the Guardian and Wards Act, 1890, seeking for custody of the children. Further, the respondent/hus band has also filed a case in F.C.O.P.No.4 of 2024, on the file of the Judge, Family Court, Ongole, seeking for dissolution of marriage and the same is transferred to Guntur and numbered as F.C.O.P.No.759 of 2024, which is pending for adjudication on the file of the Family Court, Guntur. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Seiravana 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 ofjustice 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 paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer. ” 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 G.W.O.P.No.26 of 2024, on the file of the economic 7. " 2022 LiveLaw (SC) 627 Principal District Judge, Ongole, Prakasam District and transfer the same to the Judge, Family Court, Guntur. In the result, the present petition is allowed and G.W.O.P.No.26 of 2024, on the file of the Principal District Judge, Ongole, Prakasam District, is hereby withdrawn and transferred to the Judge, Family Court, Guntur. The Principal District Judge, Ongole, Prakasam District, shall transmit the case record in G.W.O.P.No.26 of 2024 to the Judge, Family Court, Guntur, duly indexed as expeditiously as possible preferably within a period of one (01) week from the date of receipt of a copy of the order. Both the parties are directed to appear before the learned Judge, Family Court, Guntur on 17.11.2025 at 10.30 a.m. There shall be no order as to costs. 8. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. SDI- SHAIK MOHD. RAFI ASSISTANT REGISTRAR / 0^ //TRUE COPY// SECTION OFFICER To, 1. The Principal District Judge, Ongole, Prakasam District. 2. The Principal District Judge, Guntur. 3. The Family Court Judge, Guntur. 4. The SHO, Disha Mahila Police Station, Guntur District. 5. Sri Tupakula Hima Bindu @ Chalamcherla Hima Bindu, W/o Tupakula Aged 39 years, Hindu, Hariprasad, D/o Chalamcharla Dharmarao Housewife, R/o. Flat No.506, Pavans Sunrise Apartments, Amaravathi Road, Opposite Hindu College Pharmacy, Guntur - 522007. 6. Sri Tupakula Hariprasad, S/o Subbarao, Aged about 45 years, Hindu Software Engineer, R/o Ammanabrolu Village, Naguluppapadu Mandal Prakasam District - 523180. 7. One CC to SRI. JAVA PRAKASH MADASU Advocate [OPUC] 8. One CC to SRI. P MALLIKHARJUNA RAO Advocate [OPUC] 9. Three CD Copies PRK HIGH COURT DATED:24/09/2025 ORDER TRCMP NO. 255 OF 2025 of % 5 n OCT 2025 m. ?• , Cuttenl S«ciion ALLOWING THE TRCMP WITHOUT COSTS