' - APHC010349792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI S/j^S [i] •% ' o ■N t 0 THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER^Sf TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 204 OF 2025 Between; Smt. B. Lakshmi Damayanthi, W/o. Hari Siva Ramakrishna Prasad, D/o. B. Venkata Rao, Aged about 35 years R/o. D.No. 10-6-17/2, Kondalamma Temple Street, Old Town, Tanuku Town and Mandal, West Godavari District, Andhra Pradesh ...Petitioner/RESPONDENT AND Sri B.HARI SIVA RAMAKRISHNA PRASAD, S/o. Bodascoor Suryanarayana, Aged about 36 years, R/o. D.No.30-12-3/2, Ayyanna Naidu Street, Saibaba Temple Road, Durga Agraharam, Vijayawada, NTR District, Andhra Prades ...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 F.C.O.P. No. 592/2024 from the file of the Honorable Court of IV Additional District and Sessions Judge, Vijayawada and transfer it to the Honourable Court of Civil Judge (Senior Division), Tanuku, West Godavari District. # tAN^O: lbF 2025 Pemion under Section 151 CPC praying that in the circumstances stated in tMtffidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in F.C.O.P No.592 of 2024 on the file of the Court of the IV Additional District & Sessions Judge at Vijayawada. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of M/s. SODUM ANVESHA ,Advocate for the Petitioners and of Sri.JAWAHARLAL DAVID BUDITHA Advocate for Respondent. The Court made the following ORDER : V THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.204 of 2025 ORDER: When the matter has been taken up for hearing on 24.09.2025, there is no representation on behalf of the respondent and the matter is posted to today under the caption “For Orders”. Today though the matter is listed under the caption “For Orders”, there is no representation on behalf of the respondent. The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw F.C.O.P.No.592 of 2024, the file of the Additional District and Sessions Judge-Cum-Famil y Court, Vijayawada and transfer the same to the Senior Civil Judge, Tanuku, West Godavari District. 2. on The case of the petitioner in brief is as follows; 3. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Tanuku on 25.05.2022, as per Hindu rights and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife along with her daughter aged about 2 years are staying at her parents’ house at Tanuku Town and Mandal, West Godavari District and depending upon the mercy of her parents. The petitioner pleaded that she had filed a Maintenance Case vide M.C.No.59 of 2024 and Domestic Violence Case, on the file of the II I. 2 m Additional Judicial Magistrate of First Class, Tanuku and the respondent/husband is attending the Court proceedings before the competent Court at Tanuku. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband filed F.C.O.P.No.592 of 2024, on the file of the IV Additional District and Sessions Judge-Cum-Family Court, Vijayawada, under Section 9 of Hindu Marriage Act, 1955, seeking for restitution of conjugal rights. Learned counsel for the petitioner further contended that the petitioner being a woman having a daughter aged about 2 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 200 Kms from Tanuku to Vijayawada for attending the Court proceedings before the learned IV Additional District and Sessions Judge-Cum-Family Court, Vijayawada, without any male support and that she was constrained to file the present petition against the respondent/husband seeking to withdraw F.C.O.P.No.592 of 2024, on the file of the IV Additional District and Sessions Judge-Cum-Family Court, Vijayawada and transfer the same to the Senior Civil Judge, Tanuku, West Godavari District. 4. Heard Ms. Sodum Anvesha, learned counsel for the petitioner. Though the matter is listed under the caption “For Orders” on today, there is no representation on behalf of the respondent. Perused the material available on record. 3 The material on record prima facie goes to show that in view of the matrimonial disputes between both the parties, the petitioner/wife wife along with her daughter aged about 2 years are staying at her parents’ house at Tanuku Town and Mandal, West Godavari District and she had filed a Maintenance Case vide M.C.No.59 of 2024 and Domestic Violence Case the file of the II Additional Judicial Magistrate of First Class, Tanuku and the are pending for adjudication. The respondent/husband has filed F.C.O.P.No.592 of 2024, on the file of the IV Additional District and Sessions Judge-Cum-Family Court, Vijayawada, under Section 9 of Flindu 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: 5. . on same 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 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. ” 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 7. ^ 2022 LiveLaw (SC) 627 4 matrimonial proceedings, the convenience of the wife has than that of the inconvenience of the husband. Therefore, this Court is of the considered view that there to be considered are grounds to consider the request of the petitioner/wife to withdraw F.C.O.P.No.592 of 2024, on the file of the IV Additional District and Sessions Judge-Cum-Family Court transfer the same to the Senior Civil Judge, Tanuku, West Godavari District. Vijayawada and 8. In the result, the present petition is allowed and F.C.O.P.No.592 of 2024, on the file of the Additional District and Sessions Judge-Cum-Family Court, Vijayawada, is hereby withdrawn and transferred to the Senior Civil Judge, Tanuku, West Godavari District. The IV Additional District and Sessions Judge-Cum-Family Court, Vijayawada, shall transmit the case record in F.C.O.P.No.592 of 2024 to the Senior Civil Judge, Tanuku, West Godavari District, duly indexed as 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/- K.KASIRAO ACHARI assistant registrar V //TRUE COPY// SECTION OFFICER To, 1. The IV Additional District & Sessions Judge, Vijayawada. 2. The Principal District Judge, West Godavari District. ^v. A % 3. The Civil Judge (Senior Division) Tanuku, West Godavari District. / 4. One CC to SRI. SODUM ANVESHA Advocate [OPUC] 5. OneCC to SRI. JAWAHARLAL DAVID BUDITHA Advocate [OPUC] 6. Two CD Copies TAC ■K ■4' HIGH COURT DATED:25/09/2025 ORDER TRCMP NO. 204 OF 2025 (f- o' 11 m 7075 aeciion m; o ALLOWING THE TRCMP