APHC010471762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 294/2025 Between: 1. SHAIK MAHEMUN @ SHAIK MEHEBUN, W/O. SHAIK VALI BASHA, AGED ABOUT 23 YEARS, R/O. H.NO.24-3-5, SAMBUNI PETA, PALAKOLLU (VILLAGE), WEST GODAVARI DISTRICT, ANDHRA PRADESH,AADHAR NO. 7091 7826 7591, CELL NO.9989440468. ...PETITIONER AND 1. SHAIK VALI BASHA, S/o.Shaik Basheer Ahmed, Aged about 26 Years, Working as Supervisor, R/o H.N0.4-254, 4th Ward, Nidzur (Village), Kurnool (Mandal and District),Aadhar No.7838 5396 8916, Andhra Pradesh, Cell No.9440529820 ...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 topleased to transfer the OS.No.851 of 2025 dated on 03-07-2025 in the file of the Hon'ble Principal Junior Civil Judge, Kurnool and transfer the same to Family Court cum IX Additional District and Sessions Judge, East Godavari at Rajamahendravaram 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 Pleased to stay all further proceedings in OS.No.851 of 2025dated on 03-07- 2025 in the file of the Court of the Hon'ble Principal Junior Civil Judge, at Kurnool., pending disposal of the above Tr.C.M.P Counsel for the Petitioner: 1. RAJANI NELAKUDITI Counsel for the Respondent: 1. THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.294 of 2025 ORDER: Today, when the matter has been taken up for hearing, learned counsel for the petitioner has submitted that, proof of service Memo has been field before the Registry on 31.10.2025 vide U.S.R.No.124132 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 respondent and the same was served on him on 01.10.2025. 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 transfer of O.S.No.851 of 2025 on the file of the Principal Junior Civil Judge, Kurnool, to the file of the Family Court-cum-IX Additional District and Sessions Judge, Rajamahendravaram, East Godavari 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 14.05.2023, in the presence of both side elders and well wishers. During their wedlock, the petitioner and the respondent were begot a child. After that, due to the matrimonial disputes between the spouses; the petitioner/wife has been residing separately along with her child and depending upon the mercy of her parents at Palakollu Village, West Godavari District. 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 suit in O.S.No.851 of 2025 on the file of the Principal Junior Civil Judge, Kurnool, under Section 481 of the Mohammedan Law, seeking restitution of conjugal rights, the same is pending for adjudication. III. Learned counsel for the petitioner would further contend that the petitioner being a woman, has been residing separately along with her child and depending upon the mercy of her parents at Palakollu Village, West Godavari District and the distance between Palakollu Village and Kurnool is more than 500Kms, it is very difficult for her to travel to attend the suit proceedings which was filed by the respondent/husband herein before the Court at Kurnool without any male assistance and that she was constrained to file the present petition against the respondent/husband, seeking transfer of O.S.No.851 of 2025 on the file of the Principal Junior Civil Judge, Kurnool, to the file of the Family Court-cum-IX Additional District & Sessions Judge, Rajamahendravaram, East Godavari District, for trial and disposal of the same. 4. Heard Ms. Nelakuditi Rajani, learned counsel for the petitioner. 5. Though notice has been served, there is no representation on behalf of the respondent. Therefore, ‘service is held sufficient’. 6. Perused the material available on record. 7. The material on record prima facie shows that, in view of the matrimonial disputes between the spouses, the petitioner/wife has been residing separately along with her child and depending upon the mercy of her patens at Palakollu Village. The material on record further discloses that the respondent/husband herein filed a suit against the petitioner/wife vide O.S.No.851 of 2025 on the file of the Principal Junior Civil Judge, Kurnool, under Section 481 of the Mohammedan Law, seeking restitution of conjugal rights and the same is 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 1 2022 LiveLaw (SC) 627 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.” 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 of the husband. Therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, seeking transfer of O.S.No.851 of 2025 on the file of the Principal Junior Civil Judge, Kurnool, to the file of the Judge, Family Court, Rajamahendravaram, East Godavari District. 10. In the result, the present Transfer Civil Miscellaneous Petition is allowed and the O.S.No.851 of 2025 on the file of the Principal Junior Civil Judge, Kurnool, is hereby withdrawn and transferred to the file of the Judge, Family Court, Rajamahendravaram, East Godavari District. The learned Principal Junior Civil Judge, Kurnool, shall transmit the case record in O.S.No.851 of 2025 to the file of the Judge, Family Court, Rajamahendravaram, East 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 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: 04.11.2025 CVD