APHC010144262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 99 OF 2025 Between: Meeniga Santhi Kumari @ Boda Santhi Kumari, W/o. Boda Hemanth Kumar, D/o. Meeniga PuHaiah, Aged about 28 years, R/o. Door No. 11- 93, Near Union Bank, Kolluru Village and Mandal, Bapatia District. ...Petitioner AND Boda Hemanth Kumar, S/o. Boda Srinivasa Rao, Aged about 30 years R/o. Door No. 19-143, 1st Floor, Flat No. 3, Madhu Tirupati Rao Nagar, Yanamalakuduru, Vijayawada, NTR District. ...Respondent 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 the F.C.O.P.No. 1647 of 2024 on the file of the Principal Family Court at Vijayawada, NTR District and transfer the same to the file of the Senior Civil Judge, Tenali, Guntur District. I 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 F.C.O.P.No.1647 of 2024 on the file of the r 7 Principal Family Court at Vijayawada, NTR District pending disposal of the above Transfer Civil Miscellaneous Petition. Counsel for the Petitioner: Smt. Marella Radha Counsel for the Respondent: Sri Nallabothula Rudra Vedh The Court made the following order: 1 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.99 of 2025 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 for withdrawal of F.C.O.P.No.1647 of 2024 on the file of the Principal Family Court at Vijayawada, Krishna District and transfer the same to the Senior Civil Judge Court at Tenali, Guntur 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 18.03.2023, in Viakuntapuram Temple, at Tenali, as per the Hindu Rites and Caste Customs. After that, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately at her parents’ house at Kolluru Village, Bapatia District. The petitioner/wife pleaded that she filed a Maintenance Case vide M.C.No.10 of 2025 on the file of the II Additional Judicial Magistrate of First Class, Tenali, Guntur District, under Section 144 of B.N.S.S., seeking maintenance from the respondent/husband and the same is pending for adjudication against the respondent/husband. The petitioner/wife further pleaded that to cause inconvenience and to harass her, the respondent/husband herein had filed F.C.O.P.No.1647 N VGKR, J U Tr.C.M.P.No.99of2025 2 Dated 26.09.2025 ^ 2 of 2024 on the file of the Principal District, under Section seeking for dissolution of the adjudication. The petitioner/wife further Family Court at Vijayawada, Krishna 13(1)(i)(ia) of the Hindu \ Marriage Act, 1955, marriage and the same is also pending for pleaded that she being upon the mercy of her parents a woman, residing at Kolluru Village, to attend the divorce was filed by the respondent/husband herein separately and depending Bapatia District, it is very difficult for her to travel case proceedings which Court at VOayawada on each and every adjournnrent without assistance and that she is constrained to file the for withdrawal of F.C.O.P.No.1647 of 2024 Family Court at Vijayawada Senior Civil Judge Court at Tenali, before the any male present petition, seeking on the file of the Principal the same to the Krishna District and transfer Guntur District. 4. Heard learned counsel appearing on both sides on record. 5. Perused the material available on record. 6. The material on record prim a facie both the spouses, the parents’ house at Kolluru Village Maintenance Case against the respondent/husband herein goes to show that, due to the petitioner/wife has been and she had filed a vide M.C.No.10 of of First Class, Tenali, seeking maintenance from the matrimonial disputes between residing separately at her 2025 on the file of the Guntur District, Additional Judicial Magistrate under Section 144 of B.N.S.S I X X / VGKR,J Tr.C.M.P.No.99 of 2025 Dated 26.09.2025 3 / respondent/husband from the respondent/husband and the said pending for adjudication and the respondent/husband is also attending the Court proceedings before the Court at Tenali. The material on record further reveals that the respondent/husband has also instituted a case against the petitioner/wife herein i.e., F.C.O.P.No.1647 of 2024 on the file of the Principal Family Court at Vijayawada, Krishna District, under Section 13(1)(i)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. / case IS / 7. 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. 8. 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 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 ^(ZOOO) 10 see 304 ^ 2022 LiveLaw(SC) 627 \ ■ VGKR, J Tr. C. M. P. No. 99 of 2025 Dated 26.09.2025 4 out their livelihood end under whose protective seeking their sustenance to life. Given the umbrella they are prevailing socio- economic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer." 9. On considering the submissions appearing on both sides and in case laws and on considering the facts and case, I am of the considered made by the learned counsel view of the ratio laid down by the aforesaid circumstances of the present view that in matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the am of the considered view that inconvenience of the husband, therefore, I there are justifiable grounds to consider the request made by the petitioner/wife herein, seeking for withdrawal of F.C.O.P.No.164 7 of 2024 the file of the Principal Family Court on at Vijayawada, Krishna District and transfer the same to the Senior Civil Judge Court at Tenali , Guntur District. 10. In the result, the Transfer Civil Miscellaneous the F.C.O.P.No.1647 of 2024 Petition is allowed and on the file of the Principal Family Court Vijayawada, Krishna District, is hereby withdrawn and transferred to the file the Principal Senior Civil Judge Court at Tenali, Guntur District. The learned Principal Family Court at Vijayawada, Krishna District, shall transmit the entire case record in F,C.O.P.No.1647 of 2024, to the file of the at of Principal Senior Civil duly indexed as expeditiously a period of four (04) days from the date of receipt of Judge Court at Tenali, Guntur District possible preferably within as VGKR, J Tr. C. M. P. No. 99 of 2025 Dated 26.09.2025 5 a copy of the order. Both the parties are hereby directed to appear before the Senior Civil Judge Court at Tenali, Guntur District, on 17.10.2025, 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. Sd/- K SRINIVASA RAJU / assistant registrar ^ //TRUE COPY// SECTION OFFICER To, 1- The Principal Family Court 2. The Principal District Judge 3. The at Vijayawada, NTR District. ' District, Machilipatnam. Guntur District, Gu.ntur. Principal District Judge, G 4. The Principal Senior Civil Judge, Tenali, Guntur District. @ Boda Santhi Kumari, , Aged about 28 Kplluru Village and Mandal 5. Meeniga Santhi Kumari W/o. Boda Hemanth years, R/o. Door No. 11- . Bapatia District. Kumar, D/o. Meeniga Pullaiah. 93, Near Union Bank 6. Boda Hemanth Kumar, R/o. Door No. 19-143_ Yanamalakuduru, Vijayawada, S/o. Boda Srinivasa Rao, 1st Floor, Flat No. ‘ . NTR District. Marella Radha Advocate [OPUCJ a Rudra Vedh Advocate [OPUC] Aged about 30 3, Madhu Tirupati Rao Nagar years 7. OneCCtoSmt. 8. One CC to Sri Nallabothul 9- Two CD Copies SAM vna HIGH COURT DATED:26/09/2025 ORDER TRCMP No. 99 of 2025 ALLOWING THE TRCMP