\ APHC010520792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI r/ A MONDAY. THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 316 OF 2025 Between: Potru Naveen Krishna, S/o.Potru Hah Babu, aged about 32 years, R/o.Door No. 1-128, Peddivaripalem Village, Yeddanapudi Mandal, Prakasam District. ...Petitioner/Petitioner AND Potru Harika, W/o.Potru Naveen Krishna, D/o.Gude Venkatarao, aged about 28 years, R/o.Door N0.1-134A, Pasumarru Village, Chilakaluripet Mandal, Guntur District. ...Respondent/Respondent Petition filed 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 to Transfer the H.M.O.P.No.13 of 2025 on the file of Court of Senior Civil Judge Court, Parchur, Prakasam District to the Court of Principal/ Additional Civil Judge (Senior Division) at Narasaraopet of Guntur District. •« *% I^MQ: 1 OF 2025 - Petition filed under Section. 151 CPC praying that in the circumstances tatedlin the affidavit filed in support of the petition, the High Court may be tesed to stay all further proceedings in H.M.O.P.No.13 of 2025 on the file of <; / /■- 'ISeniof Civil Judge Court, Parchur^ Prakasam District during the pendency of the above Transfer Civil Miscellaneous. V.' Counsel for the Petitioner; Sri K.Koutilya Counsel for the Respondent: Sri Ravi Teja Gude The Court made the following: / 1 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.316 of 2025 ORDER: The petitioner/husband herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908, (for short ‘the C.P.C.’) seeking transfer of H.M.O.P.No.13 of 2025 on the file of the Senior Civil Judge, Parchur, Prakasam District, to the Principal / Additional Senior Civil Judge, Narasaraopet, Guntur District, for trail and disposal of the same. 2. The case of the petitioner in brief is as follows: I. The petitioner is the husband of the respondent and the marriage of the petitioner with the respondent was solemnized on 29.05.2019, at Tirumala Tirupathi Devasthanam, as per the Hindu Rites and Caste Customs. During their wedlock, the petitioner/husband and the respondent/wife were begot a child. After that, due to the matrimonial disputes, the respondent/wife has been residing separately along with her child and working as a Private School Teacher at Chilakaluripet, Guntur District. The petitioner/husband further pleaded that the respondent/wife lodged a complaint dated 03.08.2023, against him and his family members with false and baseless allegations, which was registered as F.I.R.No.77 of 2023, for the offences punishable under Section 498-A I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before Chilakaluripet Rural Police Station, after completion of VGKR, J Tr.C.IVl.P.No.316 of 2025 Dated 27.10.2025 2 investigation, the same was numbered as C.C.No.599 of 2025 file of the Judicial Magistrate of First petitioner/husband further pleaded that the on the Class, Chilakaluripet. The respondent/wife filed three (03) other petitions i.e.. Maintenance Case vide M.C.No.1 of 2024 Domestic Violence Case vide D.V.C.No.1 of 2024 on the file of the Additional Junior Civil Judge, Chialakaluripet, & H.M.O.P.No.219 of 2025 on the file of the Principal / Additional Narasaraopet, under Section 9 of the Hindu seeking restitution of conjugal rights and the said adjudication against the petitioner/husband Courts at Chilakaluripet & Narasaraopet respectively. II. The petitioner/husband further pleaded that he had filed of 2025 on the file of the Senior Civil Judge, Parchur, Prakasam Senior Civil Judge, Marriage Act, 1955, cases are pending for before the competent H.M.O.P.No.13 District, under Section 13(1)(i)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. III. Learned counsel for the petitioner would contend that the respondent/wife had filed four (04) cases against the petitioner/husband before the competent Courts at Chilakaluripet & Narasaraopet, for the convenience of the respondent/wife only the petitioner/husband herein is constrained to file the present petition seeking transfer of the case in H.M.O.P.No.13 of 2025, on the file of the Senior Civil Judge, Parchur, VGKR, J Tr.C.M.P.No.316 of 2025 Dated 27.10.2025 3 Prakasam District to the Principal / Additional Senior Civil Judge, Narasaraopet, at where the respondent/wife filed a petition vide H.M.O.P.No.219 of 2025, which is pending for adjudication. 3. Learned counsel for the respondent would contend that the respondent/wife is an employee, working as a Private School Teacher and she is currently residing along with her child in Chilakaluripet . He further submitted that he has no objection to transfer the said case H.M.O.P.No.13 of 2025, which is pending before the Senior Civil Judge, Parchur, Prakasam District, to the Court at Principal / Additional Senior Civil Judge, Narasaraopet, Guntur District. 4. Heard Sri K. Koutilya, learned counsel for the petitioner and Sri Gude Ravi Teja, learned counsel for the respondent. 5. Perused the material available on record. The material on record prima facie goes to show that, due to the matrimonial disputes between both the spouses, the respondent/wife has been residing separately along with her child and working as a Private School Teacher at Chilakaluripet and the respondent/wife herein had filed (04) cases against the petitioner/husband herein i.e.. Maintenance Case vide M.C.No.1 of 6. 2024, Domestic Violence Case vide D.V.C.No.1 of 2024 on the file of the Additional Junior Civil Judge, Chialakaluripet, C.C.No.599 of 2025, on the file of the Judicial Magistrate of First Class, Chilakaluripet & H.M.O.P.No.219 of VGKR, J Of 2025 Dated 27.10.2025 Tr.C.M.P.No.316 4 2025 on the ifle under Section 9 conjugal rights and petitioner/husband i competent Courts material instituted H.M.O.P.No.13 Prakasam District, 1955, adjudication. The Apex Court i HEERa\ held by funds to visit the the transfer petition filed of the Principal / Additional of the Hindu the said fs also Senior Civil Judge 1955, Narasaraopet, Marriage Act, cases are seeking restitution of pending for adjudication and the attending the Court proceedings before the at Chialakaluripet & Narasaraopet respectively. The on record further reveals that the against the petitioner/husband has also e divorce petition respondent/wife herein i Senior Civil i.e. of 2025 on the file of the Judge, Parchur under Section seeking for dissolution ''3(1)(i)(ia)(ib) of the of the marriage and Hindu Marriage Act, the same is also pending for 'n ^ ""^se of GEETA HEERA considering the fact that AyA/?/S// C/yAAfD£/? not have sufficient petition is filed by her husband if a wife does place where the divorce , then by the wife may be allowed. 8. The Apex Court in a case of A/.C.I/. held as follows: 1^SA.S. SARAI/A/VA T/?e cardinal nri Pnnciples for exercise the Code of Civil Procedure i. the transfer of ofpower under Section that the ends ofjustice appeal or other 24 of should demand the suit, proceeding, in matrimonial matters, transfer, the wherever Courts are called upon to consider the plea consideration the Courts have of to take into ;(2000)10scc304 ' 2022 economic ‘■'veLaw (SC) 627 VGKR, S Tr.C.1Vl.P.No.3l6 of 2025 Dated 27.10.2025 5 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. ” / On considering the submissions made by the learned counsel appearing for both sides and in view of the ratio laid down by the aforesaid case laws 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. The respondent/wife has been residing separately along with her child and working Private School Teacher at Chilakaluripet, therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/husband, seeking transfer of H.M.O.P.No.13 of 2025 on the file of the Senior Civil Judge, Parchur, Prakasam District, to the Additional Senior Civil Judge Court at Narasaraopet, Guntur District. 9. / ! ! as a In the result, the Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.13 of 2025 on the file of the Senior Civil Judge, Parchur, Prakasam District, is hereby withdrawn and transferred to the Additional Senior Civil Judge, Narasaraopet. The learned Senior Civil Judge, Parchur, Prakasam District, shall transmit the case record in H.M.O.P.No.13 of 2025, to 10. VGKR, J Tr.C.M.P.No.316 of 2025 Dated 27.10.2025 6 the Additional Senior Civil Judge, Narasaraopet, as possible preferably within receipt of a copy of the order. duly indexed as expeditiously a period of one (01) week from the date of are directed to appear before on 27.11.2025, at 10.30 Both the parties the Additional Senior Civii Judge, Narasaraopet a.m. There shall be no order as to costs As a sequel, miscellaneous order granted earlier, if petitions, if any pending and the Interim any, shall stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division), Parchur, Prakasam District. 2. The Additional Civil Judge (Senior Division), Narasaraopet, Guntur District. 3. Potru Naveen Krishna, S/o.Potru Peddivaripalem Village, Yeddanapudi Mandal, Prakasam District. 4. Potru Harika, W/o.Potru Naveen R/o.Door N0.1-134A, Pasumarru Village, Chilakaluripet Mandal District. 5. One CC to Sri K.Koutilya, Advocate [OPUC] 6. One CC to Sri Ravi Teja Gude, Advocate [OPUC] 7. Two CD Copies BSV Hari Babu, R/o.Door No. 1-128, Krishna, D/o.Gude Venkatarao, Guntur vna HIGH COURT DATED:27/10/2025 \ \ *« ORDER TRCMP NO. 316 OF 2025 ALLOWING THE TR.CMP WITHOUT COSTS I