IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 31 OF 2Q2fi Between: 1. Smt.V.Sirisha @ Pernapati V.Seetharamulu, Sirisha, W/o. P.Sreekanth, D/o Hindu, aged 34 Thungabadra Gautham Nagar Colony, Aswapuram Village, Khammam District presently Bhadradri Kothagudem District. years. R/o D.No.BI/6D-56, 2. P.Sree Sanvi, D/o. Pernapati Sreekanth, aged about 04 years and 06 Months, Minior, Rep., by her Mother Smt. Sirisha, R/o D.No.BI/6D-56, Thungabadra Aswapuram Village,Khammam District presently Bhadradri Kothagudem District. V. Sirisha @ Pernapati Gautham Nagar Colony ...PETITIONER/S AND Pernapati Sreekanth, S/o. Late Malleswamdu, working as Junior Assistant, Zilla Parishad Office, Kadapa, R/o D.No.56/19-6- 7-1 (A), besides Pavan School, Near ITI Circle Hindu, aged about 37 years Kadapa City and District. ...RESPONDENT/S 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 F.C.O.P.No.242/2024 may be on the file of the VI Additional District Judge-Cum-Family Judge. Kadapato the file of the District-Cum-Family Judge Vijayawada, Krishna District Vijayawada, N.T.R. District. 4th Additional lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to grant Stay of all further proceedings including the Petitioners of the F,C.O.P.No.242/2024 on the fiie of the VI Additionai District Judge-Cum-Family Judge: Kadapa pending the Transfer CMP. lA NO: 2 OF 207.^ may be appearance of Between: Pernapati Sreekanth, S/o. Late Malleswamdu Hindu, aged about 37 years, working as Junior Assistant, Ziiia Parishad Office, Kadapa, R/o D.No.Se/IS-e’ 7-1 (A), besides Pavan Schooi, Near ITi Circie, Kadapa City and District. ...PETITIONER/RESPONDENT AND 1. Smt.V.Sirisha @ Pernapati V.Seetharamulu, Sirisha, W/o. aged 34 years, P.Sreekanth, D/o R/o D.NO.BI/6D-56, Thungabadra Gautham Nagar Coiony, Aswapuram Viiiage,Khammam District presently Bhadradri Kothagudem District. Hindu, 2. P.Sree Sanvi, D/o. Pernapati Sreekanth, aged about 04 years and 06 Months, Minior, Rep., by her Mother Smt. V.Sirisha @ Pernapati Sirisha, R/o D.No.BI/6D-56, Thungabadra Gautham Nagar Colony, Aswapuram Village, Khammam District presently Bhadradri Kothagudem District. ...RESPONDENTS/TRANSFER PETITIONERS 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 vacate the interim orders dated 04-02-2025, passed in I.A.No.1 of 2025 in the above TR.C.M.P. No. 31/2025. Counsel for the Petitioners : SRI G SIMHADRI Counsel for the Respondent: SRI C B ADARSH KUMAR The Court made the following ORDER : THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.31 of 2025 order\ The petitioners filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw FCOP No.242 of 2024 on the file of the learned VI Additional District Judge - cum - Family Court Judge, Kadapa, and to transfer the same to the learned IV Additional District Judge - cum - Family Court Judge, Vijayawada. 2. The case of the petitioners in brief is as follows: The 1®‘ petitioner is the legally wedded wife of the respondent and their marriage has been performed at Adithya Kalyana Mandapam, Kadapa, on 04.03.2018, as per Hindu rites and customs. The 2'^'^ petitioner is the daughter of the 1®' petitioner and the respondent. In view of the matrimonial disputes between both the parties, the 1®* petitioner/wife, along with the 2'''' petitioner, is staying at her parents’ house at Aswapuram Village, Bhadradri Kothagudem District. 3. Learned counsel for the petitioners contends that to cause inconvenience to the petitioners, the respondent/husband has filed FCOP No.242 of 2024 on the file of the learned VI Additional District Judge - cum - Family Court Judge, Kadapa, under Sections 7 to 10 & 25 of the Guardian and Wards Act, 1890, seeking for custody of the 2 minor child. He further contends that it is very difficult for the 1 petitioner, being a woman and along with the 2^"^ petitioner, depending upon her parents, to travel at a distance of more than 570 Kms., from Aswapuram Village, Bhadradri Kothagudem District to Kadapa without any male support, and that she was constrained to file the present petition against the respondent/husband seeking to withdraw FCOP No.242 of 2024 on the file of the learned VI Additional District Judge - cum - Family Court Judge, Kadapa, and to transfer the same to the learned IV Additional District Judge - cum - Family Court Judge Vijayawada. 4. Heard Sri G. Simhadri, learned counsel for the petitioners, and Sri C.B. Adarsh Kumar, learned counsel for the respondent, appearing virtually online. Perused the material available on record. 5. Learned counsel for the petitioners contends that in matrimonial proceedings, the convenience of the wife has to be considered than that of the inconvenience of the husband. However, the 1®* petitioner is seeking a transfer of the FCOP No.242 of 2024 from Kadapa to Vijayawada, solely on the ground that her parents used to reside in Telangana State. It is an admitted fact that, neither the petitioners nor the respondent is residing at Vijayawada. 3 6. The learned counsel for the respondent, appearing through virtual mode, contends that the 1®' petitioner/wife is working as a software engineer in Winnow IT Services at Hyderabad and is residing there, while the 2^^ petitioner is staying with the parents of the petitioner. He further contends that the respondent/husband has also filed CC No.2182 of 2023 on the file of the learned Judicial Magistrate, Kadapa, and the same is pending for adjudication. 7. Learned counsel for the respondent contends that there are no justifiable grounds to transfer the FCOP No.242 of 2024 from the learned VI Additional District Judge - cum - Family Court Judge, Kadapa, to the learned IV Additional District Judge - cum - Family Court Judge, Vijayawada. 8. It is true that, in matrimonial proceedings, the convenience of the wife has to be considered than that of the inconvenience of the husband, but, in the present case, even as per the own case of the petitioners, they are residing in Telangana State, not in Vijayawada. 9. In view of the aforesaid reasons, I am of the considered opinion that this is not a fit case for transfer the FCOP No.242 of 2024 from the learned VI Additional District Judge - cum - Family Court Judge Kadapa, to the learned IV Additional District Judge - cum - Family Court Judge, Vijayawada. Since the petitioners are residing in 4 Telangana State, it is desirable to dispense with their personal appearance in FCOP No.242 of 2024 on the file of the learned VI Additional District Judge - cum -Family Court Judge, Kadapa, except on the days when their presence is required before the learned Family Court, Kadapa, as per law. 10. With these above observations, the present Transfer Civil Miscellaneous Petition is disposed of. The personal attendance of the respondents in FCOP No.242 of 2024 on the file of the learned VI Additional District Judge - cum - Family Court Judge, Kadapa, has been dispensed with, except on the days when their presence is required before the learned Family Court, kadapa, as per law. 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. SDI- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The VI Additional District Judge-Cum-Family Judge. 2. The 4th Additional District-Cum-Family Judge Vijayawada, Krishna District Vijayawada, N.T.R. District. 3. One CC to SRI. G SIMHADRI Advocate [OPUC] 4. One CC to SRI. C B ADARSH KUMAR Advocate [OPUC] 5. THREE CD COPIES Chp TAC HIGH COURT DATED:20/03/2025 ORDER TRCIVIP.No.31 of 2025 I 2 5APR2n?5 ' Curreni setiion * , '^7 DISPOSING OF THE TR.CMP.