APHC010317452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 186/2025 Between: 1. SHAIK RESHMA,, W/O. ASIFUR REHAMAN, D/O. ANWAR BASHA, AGED ABOUT 28 YEARS, R/O. URBAN COLONY, CUMBUM TOWN, PRAKASAM DISTRICT. ...PETITIONER AND 1. SHAIK ASIFUR REHAMAN, S/o. Late Masthanvali, Aged about 36 years, R/o. D.No.18-5-14, 2nd Floor, 1st Line, Ahamed Nagar, Kothapeta Post Office Old Guntur, Guntur 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 tomay be pleased to withdraw the F.C.O.P.No.210 of 2025, on the file of the Court of the Judge, Family Court at Guntur, and transfer the same to the Senior Civil Judge, Court, Markapur, in the interest of justice and pass IA 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 may be pleased to stay all further proceedings in F.C.O.P.No.210 of 2025, on the file of the Judge, Family Court at Guntur, and pass Counsel for the Petitioner: 1. MADHAVA RAO NALLURI Counsel for the Respondent: 1. THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.186 of 2025 ORDER: Today, when the matter was taken up for hearing, learned counsel for the petitioner has submitted that, proof of service Memo has been filed before the Registry on 06.11.2025 vide U.S.R.No.127669 of 2025, along with the Postal Track Consignment Sheet downloaded from the Postal Department Website and the same has been placed on record. As per the Postal Track Consignment Sheet, the registered notice sent to the learned counsel on record appearing for the respondent before the trial Court and the same was served on 08.10.2025. Despite service of notice, there is no representation on behalf of 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 for withdrawal of F.C.O.P.No.210 of 2025 on the file of the Judge, Family Court, Guntur, Guntur District, and transfer the same to the Court of Senior Civil Judge, Markapur, Prakasam District, for trial and disposal of the same. 3. The case of the petitioner in brief is as follows: I. The petitioner is legally wedded wife of the respondent/husband and their marriage was solemnized on 15.06.2023, in the presence of both side elders and well wishers, at Urban Colony, Cumbum Town, as per the Mohammedan Rites and Customs. After that, due to the matrimonial disputes between the spouses; the petitioner/wife has been residing separately and depending upon the mercy of her parents in Cumbum Town. The petitioner/wife further pleaded that in view of the harassment made by the respondent/husband, she lodged a complaint against the respondent and his family members dated 05.12.2024, which was registered as Crime No.214 of 2024, for the offence punishable under Section 85 of B.N.S. Act, 2023, and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Cumbum Police Station, after completion of investigation, Police filed a charge sheet and the same was numbered as C.C.No.809 of 2024 on the file of the Additional Judicial Magistrate of First Class, Giddaluru and she also filed a Maintenance Case vide M.C.No.5 of 2025 on the file of the Additional Judicial Magistrate of First Class, Giddaluru, under Section 125 of Cr.P.C. seeking maintenance from the respondent/husband, the aforesaid cases are pending for adjudication. II. Learned counsel for the petitioner would further contend that with a view to cause inconvenience and to harass the petitioner/wife, the respondent/husband herein filed a petition vide F.C.O.P.No.210 of 2025 on the file of the Judge, Family Court, Guntur, Guntur District, under Section 281 of Mohammedan Law, seeking restitution of conjugal rights and the same is also pending for adjudication. III. Learned counsel for the petitioner would further contend that the petitioner being a woman, has been residing separately and depending upon the mercy of her parents at Cumbum Town, the distance between Cumbum and Guntur is more than 180Kms and it is very difficult for the petitioner/wife to travel to attend the case proceedings which was filed by the respondent/husband before the Court at Guntur without any male assistance and that she was constrained to file the present petition against the respondent/husband, seeking for withdrawal of F.C.O.P.No.210 of 2025 on the file of the Judge, Family Court, Guntur, Guntur District, and transfer the same to the Court of Senior Civil Judge, Markapur, Prakasam District, for trial and disposal of the same. 4. Heard Mr. Madhava Rao Nalluri, learned counsel for the petitioner. 5. The registered notice sent to the learned counsel on record appearing for the respondent before the trial Court and the same was served on 08.10.2025. Though notice has been served, there is no representation on behalf of respondent. Therefore, ‘service is held sufficient’. 6. Perused the material available on record. 7. The material on record prima facie goes to shows that, in view of the matrimonial disputes between the spouses, the petitioner/wife has been residing separately in her parents’ house at Cumbum Town and she has instituted two (2) cases against the respondent/husband i.e., C.C.No.809 of 2024 and Maintenance Case vide M.C.No.5 of 2025 on the file of the Additional Judicial Magistrate of First Class, Giddaluru, the aforesaid two (2) cases are pending for adjudication and the respondent/husband is also attending the case proceedings before the competent Court at Giddaluru. The material on record further discloses that the respondent/husband herein also filed a petition against the petitioner/wife vide F.C.O.P.No.210 of 2025 on the file of the Judge, Family Court, Guntur, Guntur District, under Section 281 of the Mohammedan Law, seeking restitution of conjugal rights and the same is also pending for adjudication. 8. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha1 held as follows: “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 1 2022 LiveLaw (SC) 627 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 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 taken into consideration than that of the inconvenience caused to the husband. Therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, seeking for withdrawal of F.C.O.P.No.210 of 2025 on the file of the Judge, Family Court, Guntur and transfer the same to the Court of Senior Civil Judge, Markapur, Prakasam District. 10. In the result, the present Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.210 of 2025 on the file of the Judge, Family Court, Guntur, is hereby withdrawn and transferred to the Court of Senior Civil Judge, Markapur, Prakasam District. The learned Judge, Family Court, Guntur, shall transmit the case record in F.C.O.P.No.210 of 2025, to the Court of Senior Civil Judge, Markapur, Prakasam District, duly indexed as expeditiously as possible, preferably within a period of two (02) weeks from the date of receipt of a copy of this 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. _______________________________ JUSTICE V. GOPALA KRISHNA RAO Date: 07.11.2025 CVD