IN THE HIGH COURT OF ANDHRA PRADESH AT AMA FRIDAY, THE TWENTY FIRST DAY OF MARC TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA TRANS. CIVIL MISC.PETITION NO: 28 OF 2Q2fi KRISHNA RAO Between: Melnati Swetha Sree @ Bhashyam Swetha Sree, W/o.Bhashyam Surya Narayana, R/o.D.No.2-363/4, Kongareddipalli Main Chittoor District. Street, Chittoor, ...Petitioner AND Bhashyam Surya Narayana, S/o.Murali Krishna, Aged about 30 years, Occ Software Employee, R/o.D.No.26-14-71, YLNN Kalyanamandapam Street, Chari Street, B.V.Nagar, Nellore, SPSR Nellore 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 pleased to transfer the F.C.O.P.No.126/2024 may be on the file of District Judge, Family Court at Nellore to the court of Family Court, Chittoor. lA NO: 1 OF Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to stay all further proceedings including F.C.O.P.No.126/2024 on the file of District Judge, Family Court at Nellore, pending disposal of the Transfer petition. Counsel for the Petitioner: Sri C Subodh Counsel for the Respondent: None Appeared The Court made the following: appearance in THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.28 of 2025 ORDER: Today when the matter is taken up for hearing, Sri C.Subodh, learned counsel for the petitioner has represented that the proof of service memo along with the postal track consignment sheet is filed before the Registry and the same is placed on the record. As per the said postal track consignment sheet, the registered notice sent to the respondent by the learned counsel for the petitioner was served on him. But, none appeared for the respondent. Therefore, service held sufficient. 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.126 of 2024, the file of the District Court, Nellore and transfer the same to the Family 2. on Court, Chittoor. The case of the petitioner in brief is as follows: 3. I. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Chittoor on 15.08.2021 as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife along with her children are staying at her parents’ house Chittoor Town, Chittoor Judicial District and she is 2 working as an employee in Acharya N.G.Ranga Agricultural Tirupati. The petitioner contend that respondent/husband filed F.C.O.P.No.126 Family Court, Nellore, under Section 9 of the seeking for restitution of conjugal rights. II. Learned counsel for the petitioner further University, to cause inconvenience to her, the of 2024, on the file of the Hindu Marriage Act, 1955 contended that the petitioner being a woman, depending upon her parents, it is very difficult for her to travel at a distance of without any male support and that she more than 200Kms from Chittoor to Nellore was constrained to file the present petition against the respondent/husband F.C.O.P.No.126 of 2024, seeking to withdraw on the file of the Family Court, Nellore and transfer the same to the Family Court, Chittoor. 4. Heard Sri C.Subodh, learned has been served on the respondent Perused the material available counsel for the petitioner. Though notice none appeared for the respondent. on record 5. The material on record prima facie goes to show that In view of the parties, the petitioner/wife along with Town, Chittoor Judicial an employee in Acharya N.G.Ranga Agricultural counsel for the petitioner/wife has fairly represented that as the petitioner is staying at Chittoor along with her parents matrimonial disputes between both the her children are staying at her parents’ house Chittoor District and she is working University, Tirupati. Learned as 3 and is working at Tirupati, the present transfer petition may be transferred either to Chittoor or Tirupati. 6. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha^ held as follows; “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- economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.” B i I 7. 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 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 F.C.O.P.No.126 of 2024, on the file of the Family Court, Nellore and transfer the same to the Family Court, Tirupathi. 8. In the result, the present petition is allowed and F.C.O.P.No.126 of 2024, on the file of the Family Court, Nellore, is hereby withdrawn and ^ 2022 LiveLaw (SC) 627 4 transferred ,o the Family Court, Tirupathi. The Family Court case record in F.C.O.P.No.126 Nellore shall of 2024 to the Family Court, a period a copy of the order. There shall transmit the Tirupathi duly indexed of two (02) weeks from the be no order as to costs. as expeditiously as possible preferably within date of receipt of As a sequel, miscellaneous ordergranted earlier, if any, shall stand petitions, if any pending and the Interim closed. Sd/-NNAGAMMA ASSISTANT REGISTRAR //TRUE COPY// To, S N OFFICER 1 ■ The District Judge Family Court • he VI Additional District Judge, Nellore. SPSR Nellore District 3. The Family Court. Tirupathi. Chittoor District 4. One CC to Sri C Subodh 5. Three CD Copies Advocate [OPUCJ SAM sree HIGH COURT DATED:21/03/2025 ORDER TRCMP.No.28 of 2025 0 3 APR 2125 ^ Current Section ^^SPATCVV^ ALLOWING THE TRCMP