THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.282 of 2025 ORDER: 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 withdrawal of F.C.O.P.No.101 of 2025, on the file of the IV Additional District Judge-cum- Family Court Judge, Kurnool, and to transfer the same to the Court of the learned Senior Civil Judge, Gooty, for trial and disposal. 2. The case of the petitioner in brief is as follows: i. The petitioner is the legally wedded wife of the respondent/husband, and their marriage was solemnized on 24.05.2019 at T.T.D. Kalyana Mandapam, Kurnool District, as per Hindu rites and caste customs. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents’ house at Gooty. The petitioner/wife further pleaded that, in view of the harassment caused by the respondent/husband, she lodged a complaint dated 17.06.2025 against the respondent/husband herein, which was registered as Crime No. 116 of 2025, for the offences punishable under Section 498-A IPC, before the Gooty Police Station, Ananthapur District. She also a Maintenance Case vide M.C.No.13 of 2025, on the file of the Judicial First Class Magistrate, Gooty and the same is pending for adjudication. 2 ii. The petitioner/wife further pleaded that, with a view to cause inconvenience to her, the respondent/husband filed a petition vide F.C.O.P.No.101 of 2025, on the file of the IV Additional District Judge-cum-Family Court Judge, Kurnool, under Section 9 of the Hindu Marriage Act, 1955, for seeking restitution of conjugal rights, and the same is also pending for adjudication. 3. Learned counsel for the petitioner would further contend that the petitioner, being a woman, has been residing at her parents’ house along with her two minor children and depending upon the mercy of her parents at Gooty, Ananthapur, and it is very difficult for her to travel to attend the case proceedings filed by the respondent/husband 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 F.C.O.P.No.101 of 2025, on the file of the IV Additional District Judge-cum-Family Court Judge, Kurnool, to the file of the learned Senior Civil Judge, Gooty, for trial and disposal of the same. 4. Learned counsel for the respondent would contend that the respondent herein is working as a Senior Train Manager and that there are no merits in the transfer petition filed by the petitioner, and the petition may be dismissed. He would further contend that in case if this Court transfer the F.C.O.P.No.101 of 2025, it would be very difficult for the respondent to obtain a leave to appear before the learned Senior Civil Judge, Gooty. He would 3 further contend that, if this Court is inclined to transfer the case, a time limit may be fixed to the transferee Court for the speedy disposal of the case. 5. Heard learned counsel appearing on both sides. 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 parties, the petitioner/wife along with her two minor children have been residing with her parents in Gooty, they also filed M.C.No.13 of 2025, before the Court at Gooty, for seeking maintenance from the respondent. The material on record further reveals that the respondent/husband has instituted a petition against the petitioner/wife herein vide F.C.O.P.No.101 of 2024, on the file of the IV Additional District Judge- cum-Family Court Judge, Kurnool, 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 principles 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 1 2022 LiveLaw (SC) 627 4 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 appearing for both sides and in view of the ratio laid down in the aforesaid case law and on considering the facts and circumstances of the present case 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 F.C.O.P.No.101 of 2025, on the file of the IV Additional District Judge-cum-Family Court Judge, Kurnool, to the file of the learned Senior Civil Judge, Gooty. Further, on considering the submissions made by the learned counsel for the respondent that the respondent/husband herein is a railway employee who is currently working as a Senior Train Manager, therefore, it is desirable to dispense with the personal appearance of the respondent/husband herein i.e., the petitioner in F.C.O.P.No.101 of 2025, on the file of the IV Additional District Judge-cum- Family Court Judge, Kurnool, before the transferee Court, except on the days when his personal appearance is required before the said Court as per law. 10. In the result, the Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.101 of 2025, on the file of the IV Additional District Judge- cum-Family Court Judge, Kurnool, is hereby withdrawn and transferred to the 5 file of the Senior Civil Judge, Gooty. The learned IV Additional District Judge- cum-Family Court Judge, Kurnool, shall transmit the case record in F.C.O.P.No.101 of 2025, to the file of the Senior Civil Judge, Gooty, duly indexed as expeditiously as possible preferably within a period of one (01) week from the date of receipt of a copy of the order. The transferee Court i.e., Senior Civil Judge Court, Gooty, is hereby directed not to insist for the personal appearance of the respondent herein i.e., the petitioner in F.C.O.P.No.101 of 2025, as long as his counsel is attending the Court proceedings and representing the case except on the day when re-conciliation proceedings are being taken up or on the day when his cross-examination is required to be recorded or on any other day when his personal appearance is required as directed by the learned Senior Civil Judge, Gooty. Further, the learned Senior Civil Judge is hereby directed to dispose of the F.C.O.P.No.101 of 2025 itself within six (6) months from the date of appearance of both the parties. Both the parties are directed to appear before the learned Senior Civil Judge, Gooty on 10.12.2025 at 10.30 A.M., later the personal appearance of the respondent herein/petitioner before the Senior Civil Judge, Gooty is dispensed with. 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: 13.11.2025 CC by tomorrow B/o. MH 6 12 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.282 of 2025 Date: 13.11.2025 CC by tomorrow B/o. MH