[ 3397 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY ,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 49 OF 2025 Between: 1. SMT LADILI SHABNAM, W/o Sri Riyaz Khan, aged 25 years, Occ Homemaker, R/o D.No.32-12-3/1, Achampeta, Bowdara Road, Jenda Chettu, Shabnam Batteries, Visakhapatnam, Andhra Pradesh-530 00 ...PETITIONER(S) AND 1. SRI RIYAZ KHAM, , S/o Sardar Khan, aged 37 years, R/o D.No. 14-10-2, Pension Line, Near ARDGKM High School, Eluru, West Godavari District, Andhra Pradesh - 534005. ...RESPONDENTS Counsel for the Petitioner(s):SRI. B.MADHU Counsel for the Respondents: G.V.ANAND KUMAR The Court made the following: 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 to withdraw the F.C.O.P.No.254 of 2024on the file of the VII Additional District Judge, Eluru, West Godavari District and transfer the same to the Judge, Family Court, Visakhapatnam, for trial. 2. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent and the marriage of the petitioner with the respondent was solemnized on 11.02.2018,at Sri Seetharama Kalyana Mandapam, Salagramapuram Village at Visakhapatnam, as per the Sunni Muslim Caste Customs. After that, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately at her parents’ house at Visakhapatnam. The petitioner/wife pleaded that she filed a Domestic Violence Case vide D.V.C.No.107 of 2024 on the file of the II Additional Chief Metropolitan Magistrate, Visakhapatnam, under Section 12 of Protection of Women From Domestic Violence Act, 2005, the same is pending for adjudication. II. The petitioner/wife further pleaded that to cause unnecessary inconvenience to her, the respondent/husband had filed F.C.O.P.No.254 of 2024 on the file of the VII Additional District Judge, Eluru, West Godavari District, under Section 7(1)(ia) of the Family Courts Act, 1984, seeking dissolution of the marriage and the same is also pending for adjudication. III.The petitioner/wife further pleaded that, she being a woman, residing separately along with her parents at Visakhapatnam, it is very difficult for her to travel at a distance of more than 300Kms from Visakhapatnam to Eluru to attend the divorce case proceedings on each and every adjournment without any male support and that she is constrained to file the present petition seeking to withdraw the F.C.O.P.No.254 of 2024 on the file of the VII Additional District Judge, Eluru, West Godavari District and transfer the same to the Judge, Family Court, Visakhapatnam. 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, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately at her parents’ house at Visakhapatnam and she also filed a Domestic Violence Case against the respondent/husband vide D.V.C.No.107 of 2024 on the file of theII Additional Chief Metropolitan Magistrate, Visakhapatnam and the same is pending for adjudication. It is also a fact that the respondent/husband has also instituted a case i.e., F.C.O.P.No.254 of 2024 on the file of the VII Additional District Judge, Eluru, West Godavari District, under Section 7(1)(ia) of the Family Courts Act, 1984, seeking dissolution of the marriage and the same is also pending for adjudication. 6. The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER HEERA1, held by considering the fact that “if a wife does not have sufficient funds to visit the place where the divorce petition is filed by her husband, then the transfer petition filed by the wife may be allowed.” 7. The Apex Court in a case of N.C.V. AISHWARYA VS A.S. SARAVANA KARTHIK SHA2, 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 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.” 8. 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. Therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, seeking to withdraw the F.C.O.P.No.254 of 2024 on the file of the VII Additional District Judge, Eluru, West Godavari District and transfer the same to the Judge, Family Court, Visakhapatnam. 1(2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 9. In the result, the Transfer Civil Miscellaneous Petition is allowed and F.C.O.P.No.254 of 2024 on the file of the VII Additional District Judge, Eluru, West Godavari District, is hereby withdrawn and transferred to the Judge, Family Court, Visakhapatnam. The learned VII Additional District Judge, Eluru, West Godavari District, shall transmit the case record in F.C.O.P.No.254 of 2024, to the Judge, Family Court, Visakhapatnam, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of the order. Both the parties are directed to appear before the Judge, Family Court, Visakhapatnam, on 16.06.2025, at 10.30 a.m. 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: 28.04.2025 CVD