IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT the HON’BLE SRI JUSTICE V. GOPALA KRISHNA TRANS. CIVIL MISC.PFTITinM lun- RAO 33 OF 2025 Between: &a^cfhennamlX Venkannlnf^^^^^ AaeJ^'v^”’ Mahesh Babu Vadlamannadu Post, Pedana Mandai, Krishna R/o. Chevendra Village ...PETITIONER/S AND R/o. Balaji Nagaf Lan’e^1°‘ flc)o?^Landm^°k Hindu Aged about, 34 Years College and Skill Cenfrl vIjayaSa. ‘>®side IIDA Community ...RESPONDENT/S Petition under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed pleased to transfer F.C.O.P.No. therewith, the High Court may be ^ ^ 1162/2023 pending on the file of Principal JuTo'e' Civil Judge, Machilipatnam In the interest of justice. jA NO: 1 OF 209*; Petition under Section 151 stated in the affidavit filed i pleased to stay all further | on the file of the Principal Family interest of justice. CPC praying that in the circumstances in support of the petition, the High Court may be pending Court Judge, at Vijayawada, in the proceedings in F.C.O.P.No.1162/2023 Counsel for the Petitioner: Counsel for the Respondent:- The Court made the following ORDER: SRI. DEVARAM SRIHARI 1 / THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.33 of 2025 ORDER: Today, when the matter has been taken up for hearing, learned counsel for the petitioner represented that the notice was sent to the respondent and the respondent personally received the notice. The same is placed on record. None appeared for the respondent. Therefore, ‘service held sufficient’. 2. 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.1162 of 2023 on the file of the Principal Family Court Judge Vijayawada, to the Principal Senior Civil Judge, Machilpatnam, Krishna District, for trial. 3. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent and the marriage of the petitioner with the respondent was solemnized on 09.05.2018, at Chinna Tirupathi Devasthanam (Dwaraka Tirumala) West Godavari District, as per the Hindu Rites and Caste Customs. During their wedlock period, the petitioner/wife and the respondent/husband were blessed with a male child. After that, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her male child aged about five (5) years at her parents’ house at Chevendra Village, Vadlamannadu Post, Pedana Mandal, Krishna District. VGKR, J Tr.C.M.P.No.33of2025 Dated 16.06.2025 V\ 2 In view of the harassment made by the respondent/husband, the petitioner/wife lodged a complaint against the respondent/husban d, for the offence punishable under Section 498-A I.P.C before the Pedana Police Station. After completion of investigation, it has been numbered as vide C.C.No.18 of 2024 on the file of the Excise Magistrate Court, Machilipatnam and she also filed a Maintenance Case vide M.C.No.12 of 2021 on the file of the Special Mobile Magistrate Court, Machilipatnam Krishna District, the same are pending for adjudication. The petitioner/wife further pleaded that to cause unnecessary inconvenience to her, the respondent/husband had filed F.C.O.P.No.1162 of 2023 on the file of the Principal Family Court Judge, Vijayawada Section 13(1)(ia)(ib) of the Hindu Marriage Act under 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. The petitioner/wife further pleaded that, she being a woman, residing separately along with her child aged about five (5) years at her parents’ house at Chevendra Village, it is very difficult for her to travel at a distance of more than 70Kms from Chevendra Village to Vijayawada to attend the divorce proceedings on each and every adjournment without any male assistance and that she is constrained to file the present petition seeking on the file of the Principal Family Court Judge, Vijayawada, to the Principal Senior Civil Judge, Machilpatnam District. case transfer of F.C.O.P.No.1162 of 2023 Krishna 4. Heard learned counsel for the petitioner. VGKR, J Tr.C.M.P.No.33of2025 Dated 16.06.2025 3 5. Though the notice sent to the respondent was served on him, none appeared for the respondent. Therefore, ‘service held sufficient’. 6. Perused the material available on record. 7. The material on record prima facie goes to show that, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her child aged about five (5) years at her parents’ house at Chevendra Village, Pedana Mandal, Krishna District and she filed two (2) cases against the respondent/husband herein i.e., C.C.No.18 of 2024 on the file of the Excise Magistrate Court, Machilipatnam and also Maintenance Case vide M.C.No.12 of 2021 on the file of the Special Mobile Magistrate Court, Machilipatnam, the same are pending for adjudication before the competent Courts at Machilipatnam. The material on record further reveals that the respondent/husband has also instituted a case i.e., F.C.O.P.No.1162 of 2023 on the file of the Principal Family Court Judge, Vijayawada, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. 8. 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.” / ^(2000) 10 see 304 VGKR, J Tr. C. M. P. No. 33 of 2025 '\ Dated 16.06.2025 f'f 4 9. 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 ofpower under Section 24 of the Code of Civil Procedure is that the ends of justice should demar,d trartsfer of the suit, appeal or other proceeding. In matrimonial Wherever Courts the matters, - the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern standard of life prior to 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 transfer. ” are called upon to consider the plea of transfer. Courts have to take into consideration the , their marriage and subsequent thereto and the must be looked at while considering 10. On considering the submissions for the petitioner and in made by the learned counsel view of the ratio laid down by the aforesaid appearing case laws and on considering the facts and circumstances of the present matrimonial proceedings, the case that in convenience of the wife has to be taken into consideration than that of the iinconvenience of the husband. Therefore I am of the considered view that there are justifiable grounds to request made by the petitioner/wife, consider the seeking transfer of seeking transfer of F.C.O.P.No.1162 of 2023 on the file of the Principal Family Court Judge, Vijayawada, to the Principai Senior Civii Judge, Machilipatnam, Krishna District. V ^ 2022 LiveLaw (SC) 627 ^ f VGKR, J Tr.C.M.P.No.33 of 2025 Dated 16.06.2025 5 In the result, the Transfer Civil Miscellaneous Petition is allowed and the 11. F.C.O.P.No.1162 of 2023 on the file of the Principal Family Court Judge Vijayawada, is hereby withdrawn and transferred to the Principal Senior Civil Judge, Machilipatnam, Krishna District. The learned Principal Family Court Judge, Vijayawada, shall transmit the case record in F.C.O.P.No.1162 of 2023, to the Principal Senior Civil Judge, Machilipatnam, Krishna 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/- M SRINIVAS ASSISTANTiREGISTRAR //TRUE COPY// SEC^li®'6FFICER To, 1. The Principal Family Court Judge, at Vijayawada. 2. The Principal Senior Civil Judge, Machilipatnam. 3. One CC to Sri. Devaram Srihari, Advocate [OPUC] 4. Three CD Copies Chp vna HIGH COURT DATED:16/06/2025 \ ORDER TRCMP.No.33 of 2025 ALLOWING THE TRANSFER CIVIL MISCELLANEOUS PETITION