APHC010097892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATt MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO IRANS. CIVIL MISC.PETITION NO: 68 OF 2025 Between: Parasabathula @ Gottipaty Bhavani, W/o Sai Chand, Hindu, aged about 30 years, R/o Door No. 1-78, Joseph Nagar, Sanivarapupet, Duggirala Village, Pedavegi Mandal, Eluru, West Godavari District ...Petitioner AND Gottipaty Sai Chand, S/o Late Prasada Rao, Hindu, aged about 36 employee R/o D.No. 7-17-84, Flat No. 102, Lakshmi Nivas Apartment, Sri Nagar, 4TH Lane, Guntur. years. ...Respondent Petition Under Section 24 of the C.P.C. Praying that in the circumstances affidavit filed therewith, the High Court may be pleased to withdraw the F.C.O.P, No. 729 of 2024 on the file of the leaned XII Additional District Judge - Family Court, Guntur to transfer to Family Court, Eluru, West Godavari District. lA MO- 1 OF 2025 151 CPC praying that in the circumstances stated Petition under Section in the affidavit filed in support of the petition, the inF.C.O.P.No.729of2024 on High Court may be pleased to the file of learned stay all further proceedings Xll Additional above Transfer Miscellaneous Guntur pending disposal of the District Judge - Family Court Petition and pass i Venkata Durga Rao Anantha ; Sri Rama Wlohan Rao Kotha Counsel for the Petitioner: Sri Counsel for the Respondent The Court made the following order: 1 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.68 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 withdrawal of F.C.O.P.No.729of 2024 on the file of the XII Additional District Judge-cum-Family Court, Guntur and transfer the same to the Judge, Family Court, Eluru, West Godavari District, for trial. The case of the petitioner in brief is as follows; The petitioner is the legally wedded wife of the respondent/husb and and the marriage of the petitioner with the respondent was solemnized at Shri Malleswara Swamy Temple of Pedakakani Village, Guntur District as per the Hindu Rites and Caste Customs. During their wedlock period, the petitioner/wife and respondent/husband blessed with a male child on 01.09.2022. After that, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her child aged about 3 years at her parents’ house at Eluru, West Godavari District. The petitioner/wife pleaded that in view of the harassment made by the respondent/husband, she lodged a complaint against the respondent and his family members, dated 26.05.2023, in f-.I.R.No.510 of 2023, under 2. 1. on 23.05.2019 were VGKR, J Tr.C.M.P.No.68 of 2025 Dated 07.07.2025 2 Sections448, 323, 506 & 509 r/w Section 34 I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Nallapadu Police Station, Guntur, the same is pending for investigation and she also filed a Domestic Violence Case vide D.V.C.No.60 of 2023 on the file of the Judicial Magistrate of First Class, Eluru, West Godavari District and the same is pending for adjudication. ill. The petitioner/wife further pleaded that to cause inconvenience and to harass her, the respondent/husband had filed F.C.O.P.No.729 of 2024 on the file of the XII Additional District Judge-cum-Family Court, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking dissolution of the marriage and the same is also pending for adjudication. The petitioner/wife further pleaded that she is having a life threat from the hands of the respondent/husband and his family members and she further pleaded that, she being a woman, residing separately along with her male child aged about three (3) years at her parents’ house at Eluru, it is very'dirncult for her to travel at a distance of more than 100 Kms frornEluru, West Godavari District to Guntur to attend the divorce case proceedings 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.729 of 2024 on the file of the XII Additional District Judge-cum- IV. VGKR, J Tr.C.M.P.No.68 of 2025 Dated 07.07.2025 % 3 Family Court, Guntur and transfer the same to the Judge, Family Court Eluru, West Godavari District. 3. Learned counsel for the respondent would contend that counter-affidavit has been filed before the Registry by denying the material averments mentioned in the petition and he placed a reliance in a case of Preeti Sharma Vs. Manjit Sharma\ Fie would further contend that there are no valid grounds in the present case filed by the petitioner/wife and the present Transfer Civil Miscellaneous Petition may be dismissed. 4. Heard learned counsel appearing on both sides on record. 5. Perused the material available on record. The material on record prima facie goes to show that, the 6. petitioner/wife has been residing separately along with her child aged about three (3) years at her parents’ house at Eluru, West Godavari District and she filed two (2) cases against the respondent/husband herein i.e.. Criminal case under Sections448, 323, 506 & 509 r/w Section 34 I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before Nallapadu Police Station, Guntur, the same is pending for investigation and she also filed a Domestic Violence Case vide D.V.C.No.60 of 2023 on the file of the Judicial Magistrate of First Class, Eluru, West Godavari District, the said Domestic (2005) 11 see 535 VGKR, J Tr.C.M.P,No.68of 2025 Dated 07.07.2025 4 Violence Case is pending for adjudication against the respondent/husband before the competent Court at Eluru, West Godavari District and the respondent/husband is also attending the Court proceedings at Eluru, West Godavari bistrict. The ground urged by the petitioner/wife for seeking transfer is that she was having life threat from the hands of the respondent/husband and his family members and that she is requesting this Court to transfer the present case from Guntur to Eluru. 7. It is a well-settled principle of law that apprehension of life threat, by itself, does not constitute a valid ground for seeking transfer of a case from one court to another. Furthermore, the material on record discloses that the respondent/husband has instituted F.C.O.P.No.2426 of 2024, on the file of the Court of the V Additional District Judge-cum-Family Court Judge, Visakhapatnam, under Section 13(1)(ia)(ib) of the Hindu Marriage Act 1955, seeking dissolution of the marriage, which is presently pending for adjudication. 8. The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER HEERA^, 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. ^2000) 10 see 304 VGKR, J Tr.C.M.P.No.68 of 2025 Dated 07.07.2025 % 5 9. 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 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.” 10. 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 case that in matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience of the ,husband and petitioner/ wife has been staying along with her 3 years child at her parents house at Eluru and it is very difficult to travel from Eluru to Guntur which is ^ 2022 LiveLaw (SC) 627 VGKR, J Tr.C.M.P.No.68 of 2025 Dated 07.07.2025 6 situated nearly at about 100 kms along with her child aged about 3 years, therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, seeking for withdrawal of F.C.O.P.No.729 of 2024 on the file of the XII Additional District Judge-cum- Family Court, Guntur and transfer the same to the Judge, Family Court, Eluru, West Godavari District. Further, on considering the submissions made by the learned counsel for the respondent that the respondent/husband is a Bank employee and is currently working at Guntur and therefore, it is desirable to dispense with the personal attendance of the respondent/husband herein i.e., the petitioner inF.C.O.P.No.729 of 2024 on the file of the XII Additional District Judge-cum-Family Court, l Guntur, befpre the transferee Court, except on the days when his personal appearance is required before the said Court as per law. In the result, the Transfer Civil Miscellaneous Petition is allowed and 11. F.C.O.P.No.729 of 2024 on the file of the XII Additional District Judge-cum- Family Court, Guntur, is hereby withdrawn and transferred to the Judge, Family Coiirt, Eluru, West Godavari District. The learned XII Additional District Judge-cum-Family Court, Guntur, shall transmit the case record in F.C.O.P.No.729 of 2024, to the Judge, Family Court, Eluru, West Godavari District, duly indexed as expeditiously as possible preferably within a period ofTa/o (02) weeks from the date of receipt of a copy of the order. Further VGKR, J Tr.C.M.P.No.68 of 2025 'Dated 07.07.2025 7 the personal attendance of the respondent/husband i.e., the petitioner in F.C.O.P.No.729 of 2024 on the file of the XII Additional District Judge-cum- Family Court, Guntur, has been dispensed with before the transferee Court Judge, Family Court, Eluru, West Godavari District. Both the parties before the Judge, Family Court, Eluru, West 18.08.2025, at 10.30 a.m. Later the learned Judge, I.e., are directed to appear Godavari District, on Family Court, Eluru, West Godavari District, is hereby directed not to insist for the personal appearance of the respondent herein i.e., the petitioner in his counsel is attending the Court F.C.O.P.No.729 of 2024, as long as representing the conciliation proceedings are being taken up or on 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 Judge, Family Court, Eluru, West Godavari District. There shall be no order as to on the day case except proceedings and when re costs. miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. As a sequel Sd/- K SRINIVASA RAJU assistant registrar //true copy// SECTldN OFFICER To, Family Court, Guntur, Guntur District Xll Additional District Judge - 1. The 2. The Judge, Family Court, Eluru 3. one CC to Sri. Venkata Durga Rao 4. OneCCto Sri. Rama Mohan Rao , West Godavari District. Anantha Advocate [Of|UCl Kotha Advocate [OPUCj 5. Parasabathula @ Gottipaty about 30 years, Bhavani, W/o Sai Chand. R/O Door No. 1-78, Joseph Nagar, Duggirala Village, Pedavegi Mandal, Hindu, aged Sanivarapupet, Eluru, West Godavari District 6. Gottipaty Sai Chand, S/o Late Prasada Rao, 7-17-84, Flat No. Lane, Guntur. Hindu, aged about 36 Lakshmi Nivas years, employee R/o D.No. 102, Apartment, Sri Nagar, 4 th 7. Two CD Copies Stu vna HIGH COURT DATED:07/07/2025 ORDER TRCMP NO. 68 OF 2025 ^1 “t JUL 2025 ALLOWING THE TR.CMP