APHC010393822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 253 OF 2025 Between: Jagadam Krushitha Sri Lakshmi, W/o.Rokkala Suresh Krishna, D/o.J. Rambabu, aged 25 years, Occ:House Wife, R/o.Katraikona, Chilakaya Cheerful, Near Current Office, Floor, Katraikona Mandal, Dr B.R. Ambedkar Konaseema District. ...Petitioner/Respondent AND Rokkala Suresh Krishna, S/o.Rokkala Balayogi, aged 32 years, Occ: Judicial Employee, R/o.D.No. 17-21-37, Jakkaraiah Street, Pezzonipet, Vijayawada City-520003. ...Respondent/Petitioner 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 withdraw transfer the F C. O.P No.8 of 2025 on the file of IV Additional District and Sessions Judge at Vijayawada, to any other Court or to the Court of II Additional District and Sessions Judge Court at Amalapuram, East Godavari District. lA NO: 1 OF 2025 / / / Petition filed under Section 151 CPC praying that in the circumstances .Stated in the affidavit filed in support of the petition, the High Court may be f/ 7 I^Peased to stay all further proceedings in F.C.O.P No.8 of 2025, on the file of A^itional District and Sessions. Judge at Vijayawada, pending disposal of A% > f’i' the Transfer CMP. Counsel for the Petitioner: Sri M.Chalapathi Counsel for the Respondent: Sri Sasi Kanth Busi The Court made the following: 1 1 % THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION Np.253 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 for F C O.P.No.8 of 2025 pending on the file of the withdrawal of IV Additional District & Sessions Judge, Vijayawada, Krishna District, to any other Court or to the Court of II Additional District & Sessions Judge, Amalapuram, East Godavari District, for trail and disposal of the same. The case of the petitioner in brief is as follows: the legally wedded wife of the 2. The petitioner is respondent/husband and in view of the matrimonial disputes both the spouses; the petitioner/wife has been residing separately in her parents' house and depending upon of her parents at Katraikona Village, Dr. B.R. Ambedkar Konaseema District. The petitioner/wife pleaded between the mercy of the harassment made by the that in view respondent/husband, she lodged a complaint against pondent/husband on 07.03.2025, which was registered as F I R No 85 of 2025, for the offence punishable under Section the res 85 r/w 3(5) B.N.S., 2023, and Sections 3 & 4 of the Dowry VGKR, J Tr.C.M.P.No.253 of 2025 Dated 24.10.2025 2 Prohibition Act, 1961, before the Mummidivaram Police station, the same is pending for investigation and she also filed a Maintenance Case vide M.C.No.12 of 2025 on the file \ of the Judicial Magistrate of First Class, Mummidivaram, seeking maintenance, from the respondent/husband herein and the same is pending for adjudication. The petitioner/wife would further contend to cause inconvenience and to harass the respondent/husband herein had filed F.C.O.P.No.8 of 2025 that with a view petitioner/wife, the a petition i.e. vide ' pending on the file of the IV Additional District & Sessions Judge, Vijayawada, Krishna District, under Section 32 of Divorce Act and Section 7 of the Family Courts Act, seeking for restitution of and the same is also pending for adjudication. The petitioner/wife further pleaded that she conjugal rights being a woman, residing separately at her parents’ house depending upon the mercy of her parents and at Katraikona Village, Dr. B.R. Ambedkar Konaseema District, the distance between Kotraikona Village and Vijayawada is more than 200Kms, it is very difficult for her to travel to attend the case proceedings which was filed by the restitution VGKR, J Tr.C.M.P.No.253 of 2025 Dated 24.10.2025 3 respondent/husband herein before the Court at Vijayawada on each and every adjournment without any male assistance and that she was constrained to file the present petition seeking for withdrawal of F.C.O.P.No.8 of 2025 pending on the file of the IV Additional District & Sessions Judge, Vijayawada, Krishna District, to any other Court or to the Court of II Additional District and Sessions Judge, Amalapuram, East Godavari District, for trail and disposal of the same. Learned counsel for the respondent contended that the respondent/husband is an employee, working in Judicial Department and is currently residing in Araku. He further submitted that there are no merits in the petition filed by the petitioner herein and the present Transfer Civil Miscellaneous Petition may be dismissed. 3. Heard learned counsel appearing on both sides on record. 4. Perused the material available on record. 5. The material on record prima facie goes to show that, the petitioner/wife has been residing at her parents’ house and depending upon the mercy of her parents at Vijayawada and she lodged a complaint against the respondent/husband i.e., a Criminal Case which was registered as F.I.FLNo.85 of 2025, for the offence punishable under Section 85 r/w 3(5) B.N.S., 2023, and Sections 3 & 4 of the Dowry Prohibition Act, 1961, 6. V(5KR, J Tr.C.M.P.No.253 of 2025 Dated 24.10.2025 s 4 before the Mummidivaram Police Station and also filed a Maintenance Case vide M.C.No.12 of 2025 on the file of the Judicial Magistrate of First Class, Mummidivaram, seeking maintenance, the said maintenance case IS pending for adjudication before the Court at Mummidivaram. Furthermore, the material on record discloses that the respondent/husband filed a petition i.e., vide F.C.O.P.No.8 of 2025 pending on the file of the IV Additional District & Sessions Judge, Vijayawada, Krishna District, under Section 32 of Divorce Act and Section 7 of the Family Courts Act, seeking for restitution of conjugal rights and the same is also pending for adjudication. 7. The Apex Court in a case of N.C.V. AISHWARYA VS A.S. SARAVANA KARTHIK SHA\ 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 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, ^ 2022 LiveLaw (SC) 627 other proceeding. In or VGKR, J Tr.C.M.P.No.253 of 2025 Dated 24.10.2025 5 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 considsrinQ th© submissions msd© by th© l©3rn©d couns©! app©aring for both sid©s and in vi©w of th© ratio laid down by th© afor©said cas© law and on considoring th© facts and circumstanc©s of th© cas© that th© conv©ni©nc© of th© wif© has to b© tak©n 8. in matrimonial proc©©dings into considoration than that of th© inconv©ni©nc© of th© husband and p©tition©r/wif© has b©©n staying s©parat©ly and d©p©nding upon th© m©rcy of h©r par©nts at Katraikona Villag©, Dr. B.R. Amb©dkar Konas©©ma District, and it is v©ry difficult for h©r to travel from Katraikona Villag© to attend th© cas© proceedings before th© Court at Vijayawada to Vijayawada, therefore, I am of th© considered view that there are justifiable grounds to consider th© request mad© by th© petitioner/wife, seeking for withdrawal of F.C.O.P.No.8 of 2025 pending on th© file of th© IV Additional /■ District & Sessions Judge, Vijayawada, Krishna District, to th© Court of II Additional District and Sessions Judge, Amalapuram, East Godavari considering th© submissions mad© by th© learned counsel for the respondent that, since the respondent/husband herein is District. Further, on an VGKR, J Tr.C.M.P.No.253 of 2025 Dated 24.10.2025 6 employee, working in Judicial Department and is currently residing in Araku and 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.8 of 2025 pending on the file of the IV Additional District & Sessions Judge, Vijayawada, Krishna District, before the transferee Court, except on the days when his personal said Court as per law. appearance is required before the 9. In the result, the Transfer Civil Miscellaneous Petition is allowed and F.C.O.P.No.8 of 2025 pending on the file of the IV Additional District & Sessions Judge, Vijayawada, Krishna District, is hereby withdrawn and transferred to the Court of II Additional Amalapuram, East Godavari District. The learned District and Sessions Judge, IV Additional District & Sessions Judge, Vijayawada, Krishna District, shall transmit the record in F:C.O.P.No.8 of 2025, to the Court of II Additional case District and Sessions Judge, Amalapuram, East Godavari District 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. Both the parties are directed to appear before the II Additional District and Sessions Judge East Godavari District, Amalapuram, on 02.12.2025, at 10.30 a.m. Later the learned Additional District and Sessions Judge, Amalapuram East Godavari District, is hereby directed not to insist for the personal appearance of the VGKR, J Tr.C.M.P.No.253 of 2025 Dated 24.10.2025 7 respondent herein i.e., the petitioner in F.C.O.P.No.8 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 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 II Additional District and Sessions Judge, Amalapuram, East Godavari District. There shall be no order as to costs. on As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// \ \ SECTION OFFICER To, 1. The IV Additional District and Sessions Judge, Vijayawada, Krishna District. 2. The II Additional District and Sessions Judge, Amalapuram, East Godavari District. 3. Jagadam Krushitha Sri Lakshmi, W/o.Rokkala Suresh Krishna, D/o.J. Rambabu, R/o.Katraikona, Chilakaya Cheerful, Near Current Office, 1 Floor, Katraikona Mandal, Dr B.R. Ambedkar Konaseema District. 4. Rokkala Suresh Krishna, S/o.Rokkala Balayogi, Occ; Judicial Employee, R/o.D.No. 17-21-37, Jakkaraiah Street, Vijayawada City-520003. 5. One CC to Sri M.Chalapathi, Advocate [OPUC] 6. One CC to Sri Sasi Kanth Busi, Advocate [OPUC] 7. Two CD Copies BSV St Pezzonipet \ \ \ \ V \ \ \ HIGH COURT DATED:24/10/2025 • * ORDER TRCWIP NO. 253 OF 2025 ALLOWING THE TR.CMP WITHOUT COSTS