c. IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI WEDNESDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 57 OF 2025 Between: Penupolu Sandeep Reddy, S/o. P. Lakshmi Narasa Reddy, R/o. D.NO. 20-2-624/K (Old), New D.NO.20-49-S2-270, Maruthi Nagar, Tirupati Town and District ...Petitioner AND Chowkacharla Sushma, W/o. P. Sandeep Reddy, D/o. C.Venkatesesha Reddy R/o. Varakavipoodi, T.P.Guduru, Nellore 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 to withdraw and transfer the F.C.O.P.N0.145 OF 2023 from the Family Court - cum - V Addl. District Judge, Tirupati to the Honble Family Court, Nellore. iA'NO: 1 OF 2025 ,, Petition under Section 151 CPC praying that in the circumstances V ftated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in F.C.O.P.No.145 OF 2023 on the file of Family Court Judge-cum-V Addl. District Judge, Tirupati pending disposal of the petition. Counsel for the Petitioner: Sri. C Subodh Counsel for the Respondent: Sri M V S Ajay Kumar - no representation The Court made the following: 1 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO * TRANSFER CIVIL MISCELLANEOUS PETITION No.57 of 2025 ORDER: Today when the matter has been taken up for hearing, there was no representation on behalf of the respondent, even though the matter is listed under the caption ‘For Orders’. 2. 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 to withdraw the F.C.O.P.No.145 of 2023 on the file of the Family Court-cum-V Additional District Judge, Triupati, Chittoor District and transfer the same to the Judge, Family Court, Nellore, S.P.S.R. Nellore District, for trial. The case of the petitioner in brief is as follows; The petitioner is the husband of the respondent and the marriage of the petitioner with the respondent was solemnized on 10.12.2020, at Gurrambabaiah Kalyana Mandapam, Ayappagudi Center, Nellore, as the Hindu Rites and Caste Customs. Due to the matrimonial disputes between both the spouses, the respondent/wife has been residing separately at her parents’ house at Nellore. The petitioner/husband further pleaded that the respondent/wife had filed F.C.O.P.No.191 of 2023 on the file of the Family Court-cum-VI Additional District Judge, Nellore, S.P.S.R. Nellore District, under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of 3. I. per VGKR, J Tr.C.M.P.No.57 of 2025 Dated 07.05.2025 2 complaint against the conjugal rights and she also lodged a dated 14.07.2024, in F.I.R. No.96 of 2024, for the petitioner/husband offences punishable under Section 498-A of I.P.C. and under Sections 3 1961, before Totapalli Gudur Police & 4 of the Dowry Prohibition Act station and the two (2) cases are pending for adjudication, pleaded that, he filed F.C.O.P.No.145 of the Family Court-cum-V Additional District, under Section 13(1)(ia) of the 111. The petitioner/husband further 2023, which is pending before District Judge, Triupati, Chittoor Flindu Marriage Act, 1955, the F.C.O.P.No.191 of 2023, filed by respondent/wife is pending for seeking dissolution of the marriage. Since -VI Additional District Judge, District, the petitioner/husband is intending to adjudication before the Family Court-cum Nellore, S.P.S.R. Nellore withdraw the said F.C.O.P.No.145 of 2023, which is pending before the Additional District Judge, Triupati, Chittoor District Family Court-cum-V which was F.C.O.P.No.191 of 2023, filed by the wife/respondent. Fleard learned counsel for the petitioner. instituted by him for proper adjudication along with 4. None appeared for the respondent. Perused the material available on record. 5. 6. to show that, due to the the petitioner/husband has The material on record prima facie goes matrimonial disputes between both the spouses, instituted a case i.e., F.C.O.P.No.145 of 2023, which is pending before the 7. VGKR, J Tr.C.M.P.No.57 of 2025 Dated 07.05.2025 3 Additional District Judge, Triupati, Chittoor District, under Act, 1955, seeking dissolution of the F.C.O.P.No.191 of 2023 Family Court-cum-V Section 13(1(ia) of the Hindu Marriage marriage and the respondent/wife also filed a case the file of the Family Court-cum-VI Additional District Judge, Nellore, Section 9 of the Hindu Marriage Act, 1955, on S.P.S.R. Nellore District, under seeking restitution of conjugal rights. Therefore, this Court deems it proper that both the cases have to be tried by the same Judge, to avoid the conflict of the decisions. petitioner/husband further pleaded that, he himself withdrawing the 2023 and seeking transfer from Family Court-cum-V 8. The said F.C.O.P.No.145 of Additional District Judge, Triupati, Chittoor District, to the Judge, Family Court Nellore, S.P.S.R. Nellore District. On considering the submissions made by the learned counsel tor the of the considered view that there are justifiable 9. I am petitioner Therefore grounds to consider the withdraw the F.C.O.P.No.145 of 2023, on Additional District Judge, Triupati, Chittoor District and transfer the same to request made by the petitioner/husband, seeking to the file of the Family Court-cum-V the Judge, Family Court, Nellore, S.P.S.R. Nellore District, the Transfer Civil Miscellaneous Petition is allowed and file of the Family Court-cum-V Additional District and transfer the same to the Judge, District. The learned Judge, Family 10. In the result, F.C.O.P.No.145 of 2023, on the District Judge, Triupati, Chittoor Family Court, Nellore, S.P.S.R. Nellore VGKR, J Tr.C.M.P.No.57 of 2025 Dated 07.05.2025 4 % Court-cum-V Additional District Judge, Triupati, Chittoor District, shall transmit the case record in F.C.O.P.No.145 of 2023, to the Judge, Family Court, Nellore, S.P.S.R. Nellore District, 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, Nellore, S.P.S.R. Nellore District, on 23.06.2025, at 10.30.am. 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. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Family Court Judge-cum-V Additional District Judge, Tirupati, Chittoor District 2. The Judge, Family Court, Nellore, SPSR Nellore District 3. Chowkacharla Sushma, W/o. P. Sandeep Reddy, D/o. C.Venkatesesha Reddy R/o. Varakavipoodi, T.P.Guduru, Nellore District. 4. Penupolu Sandeep Reddy, S/o. P. Lakshmi Narasa Reddy, R/o. D.NO. 20-2-624/K (Old), New D.NO.20-49-S2-270, Maruthi Nagar, Tirupati Town and District 5. One CC to Sri. C Subodh Advocate [OPUC] 6. One CC to Sri. MVS Ajay Kumar Advocate [OPUC] 7. THREE CD Copies stu A T HIGH COURT DATED:07/05/2025 ORDER TRCMP.No.57 of 2025 t 19MM2IP5 O* m. 45 a» . Curreniaecuon ^ ALLOWING THE TR.CMP WITHOUT COSTS