APHC010624232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] TUESDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 373/2025 Between: 1.ANDIBOYINA SRI MANIKANTA DURGA LAVANYA ALIAS GURTHURTHI SRI MANIKANTA DURGA LAVANYA,,, W/O. ANDIBOYINA BABU RAO, AGE 33 YEARS, OCC HOUSE-WIFE R/O. D-NO 6-133, 2ND STREET, GANAPATHI NAGAR, MALLAYYAPETA, KATHERU VILLAGE, RAJAMAHENDRAVARAM RURAL, EAST GODAVARI DISTRICT ...PETITIONER AND 1.ANDIBOYINA BABU RAO, S/o. Satthiyya, Age 44 years, Occ Private employee, R/o. D-No 3-61, Kondaladevunipalem, Rambilli Mandal, Vishakapatnam 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 topleased to transfer the F.C.O.P No. 76 of 2025 on the file of Court of Family Court Cum V Addl. District Judge at Vishakhapatnam to the Court of V Addl. District and Sessions Judge at Rajamahendravaram, East Godavari District and tried along with G.O.P. 30 of 2025 in the interest of justice 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 grant STAY of all further proceedings in F.C.O.P No. 76 of 2025 on the file of Court of Family Court Cum V Addl. District Judge at Vishakhapatnam pending disposal of the Tr.C.M.P. in the interest of justice Counsel for the Petitioner: 1.B.SUDHAKAR KUMAR Counsel for the Respondent: 1. The Court made the following: THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.373 of 2025 ORDER: Today, when the matter was taken up for hearing, learned counsel for the petitioner has submitted that, notice sent to the respondent was served and also filed proof of service Memo before the Registry on 18.12.2025 vide U.S.R.No.149484 of 2025, and the same has been placed on record. As per the Registry endorsement, notice sent to the respondent was served. 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 F.C.O.P.No.76 of 2025 on the file of the Family Court-cum-V Additional District Judge, Visakhapatnam, to the file of the V Additional District & Sessions Judge, at Rajamahendravaram, East Godavari District, and tried along with G.O.P.No.30 of 2025, 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 18.04.2009, in the presence of both side elders and well-wishers, at Arilova Community Hall, Visakhapatnam, as per the Hindu Rites and Caste Customs. During their wedlock, the petitioner/wife and respondent/husband were blessed with a child. After that, due to the matrimonial disputes between the spouses; the petitioner/wife along with her child are residing separately and depending upon the mercy of her parents at Katheru Village, Rajamahendravaram Mandal, East Godavari District. The petitioner/wife further pleaded that in view of the harassment made by the respondent/husband, she lodged a complaint against the respondent/husband and his family members, dated 12.12.2023, which was registered as Crime No.270 of 2023, for the offences punishable under Sections 498-A & 506 of I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Disha Police Station, Rajamahendravaram, after completion of investigation, Police laid a charge sheet and the same was numbered as C.C.No.1604 of 2024 on the file of the IV Additional Judicial Magistrate of First Class, Rajamahendravaram and she also filed a Maintenance Case vide M.C.No.81 of 2024 on the file of the IV Additional Judicial Magistrate of First Class, Rajamahendravaram, seeking maintenance from the respondent/husband and the said two (2) cases are pending for adjudication. II. II. The petitioner/wife further pleaded that, with a view to cause inconvenience and to harass her, the respondent/husband herein had filed a petition vide F.C.O.P.No.76 of 2025 on the file of the Family Court-cum-V Additional District Judge, Visakhapatnam, under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights and the same is also pending for adjudication. III. Learned counsel for the petitioner would contend that the petitioner being a woman, has been residing separately along with her child and depending upon the mercy of her parents at Katheru Village, Rajamahendravaram Mandal, East Godavari District, the distance between Katheru Village and Visakhapatnam is more than 200Kms and it is very difficult for the petitioner/wife to travel to attend the restitution case proceedings which was filed by the respondent/husband before the Court at Visakhapatnam 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.76 of 2025 on the file of the Family Court-cum-V Additional District Judge, Visakhapatnam, to the file of the V Additional District & Sessions Judge, Rajamahendravaram, East Godavari District and tried along with G.O.P.No.30 of 2025, for trial and disposal of the same. 4. Heard Mr. B. Sudhakar Kumar, learned counsel for the petitioner. 5. 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. 1 2022 LiveLaw (SC) 627 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 along with her child in her parents’ house at Katheru Village, Rajamahendravaram Mandal, East Godavari District and she has instituted two (2) cases against the respondent/husband viz., C.C.No.1604 of 2024 on the file of the IV Additional Judicial Magistrate of First Class, Rajamahendravaram and Maintenance Case vide M.C.No.81 of 2024 on the file of the IV Additional Judicial Magistrate of First Class, Rajamahendravaram, the aforesaid cases are pending for adjudication and the respondent/husband is also attending the case proceedings before the competent Courts at Rajamahendravaram. The material on record further discloses that the respondent/husband herein also filed a case against the petitioner/wife vide F.C.O.P.No.76 of 2025 on the file of the Family Court-cum- V Additional District Judge, Visakhapatnam, under Section 9 of the Hindu Marriage Act, 1955, 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 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 transfer of F.C.O.P.No.76 of 2025 on the file of the Family Court-cum-V Additional District Judge, Visakhapatnam, to the file of the Judge, Family Court at Rajamahendravaram, East Godavari District. 10. In the result, the present Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.76 of 2025 on the file of the Family Court-cum-V Additional District Judge, Visakhapatnam, is hereby withdrawn and transferred to the file of the Judge, Family Court at Rajamahendravaram, East Godavari District. The learned Family Court-cum-V Additional District Judge, Visakhapatnam, shall transmit the case record in F.C.O.P.No.76 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: 30.12.2025 CVD