APHC010103712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI .9i ’y^ WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA IRANS. CIVIL MISC PETITION NOr 80 OF 20?.*; KRISHNA RAO Between: Dr. Peela (Maddala) Sri Lakshmi, R/o. Flat No. 101, Kings Arcade, Boggaludibba Area W/o Tharun, Occ; Medical Officer, i, Vizianagaram. ...Petitioner AND Dr. Peela Tharun, S/o. Venkataramana Occ: Div Medical Officer, Railways Hospital, DRM Office Complex, ECO Railway, Dondaparthi, Visakapatnam, Door No. 9-6-120/A, High School Gajuwaka, Visakapatnam- 530026. Road, New ...Respondent Petition Under Section 24 circumstances stated in the affidavit filed therewith pleased to withdraw the FCOP.No.1706 i Family Court at Visakapatnam and transfer the Family Court, Vizianagaram. of the C.P.C. praying that in the the High Court may be of 2023 from the file of the Hon'ble same to the file of the Hon'ble lA NO: 1 OF 7()9fi Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated in support of the petition, the High Court may be pleased to grant stay of all proceedings in FCOP.No.1706 of 2023 Hon'ble Family Court, Visakapatnam. Counsel for the Petitioner : SRI G.SAI NARAYANA RAO, ADVOCATE Counsel for the Respondent: SRI KORIBILLI SANDEEP, ADVOCATE The Court made the following ORDER ; on the file of the li^ THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.80 of 2025 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw F.C.O.P.No.1706 of 2023, on the file of the Family Court, Visakhapatnam and transfer the same to the Family Court, Vizianagaram. 2. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Visakhapatnam on 18.12.2020, as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Boggaludibba Area, Vizianagaram and depending upon the mercy of her parents. The petitioner pleaded that she had filed F.C.O.P.No.92 of 2023, under Section 9 of the Hindu Marriage Act, 1955, seeking for restitution of conjugal rights and the same is pending for adjudication. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband filed F.C.O.P.No.1706 of 2023, on the file of the Family Court, Visakhapatnam, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage. 2 II. Learned counsel for the petitioner further contended being a woman, depending upon the difficult for her to attend the Court Judge, Family Court, Visakhapatnam, that she was constrained to file the that the petitioner mercy of her parents, it is very proceedings before the learned , without any male support and present petition against the respondent/husband seeking to withdraw F.C.O.P.No.1706 of 2023, on the file of the Family Court, Visakhapatnam and transfer the Family Court, Vizianagaram. same to the 3. Respondent has filed against him in the affidavit filed by the petitioner/wife, respondent has represented that there of the petitioner seeking to transfer the aforesaid Visakhapatnam to the Family Court, Vizianagaram a counter affidavit denying the allegations leveled Learned counsel for the no grounds to consider the request case from the Family Court, and requested to dismiss are the present transfer civil miscellaneous petition. He further contended that the petitioner is currently working a Surgeon at Railway Hospital, Visakhapatnam, if this Court is inciined to transfer the as case from Visakhapatnam to Vizianagaram the personal attendance respondent/husband may be dispensed with before the of the transferee Court. 4. Heard Sri G.Sai Narayana Rao, learned Ms. K.Ujwala Devi, learned learned counsel for the respondent. Perused the counsel for the petitioner and counsel representing Sri Koribilli Sandeep, material available on record. 3 The material on record prime facie goes to show that in view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Boggaludibba Area, Vizianagaram and depending upon the mercy of her parents and she had filed F.C.O.P.No.92 of 2023, under Section 9 of the Hindu Marriage Act, 1955, seeking for restitution of conjugal rights and the same is pending for adjudication. The respondent/husband has 5. filed F.C.O.P.No.1706 of 2023, on the file of the Family Court, Visakhapatnam, under Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking for dissolution of marriage. The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER 6. 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.” The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana 7. Karthik Sha^ held as follows; “9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends ofjustice 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 ^ (2000) 10 see 304 ^ 2022 LiveLaw (SC) 627 4 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 in the aforesaid \ case laws that in matrimonial proceedings, the convenience of the wife has to be considered than that of the inconvenience of the husband. Therefore, this Court is of the considered view that there are grounds to consider the request of the petitioner/wife to withdraw F.C.O.P.No.1706 of 2023, on the file of the Family Court, Visakhapatnam and transfer the same to the Family Court, Vizianagaram. Further, on considering the submissions made by the learned counsel for the respondent, as the respondent/husband is working as a Surgeon at Railway Hospital, Visakhapatnam, the personal attendance of the respondent/husband has been dispensed with before the transferee Court, except on the days when his presence is required before the learned Judge, Family Court, Vizianagaram. In the result, the present petition is allowed and F.C.O.P.No.1706 of 2023, on the file of the Family Court, Visakhapatnam, is hereby withdrawn and transferred to the Family Court, Vizianagaram. The Family Court, Visakhapatnam, shall transmit the case record in F.C.O.P.No.1706 of 2023 to the Family Court, Vizianagaram, 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 learned Judge, Family Courtr \^zianagaram on 08,09.2025 at 10.30 a.m., later the learned 9. 5 Judge, Family Court, Vizianagaram, is directed not to insist for the personal appearance of the respondent/husband i.e., the petitioner in F.C.O.P.No.1706 of 2023, 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 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, Vizianagaram. 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// SEC OFFICER To. 1. The Family Court at Visakhapatnam, Visakhapatnam District. 2. The Family Court, Vizianagaram, Vizianagaram District. 3. Dr. Peela (Maddala) Sri Lakshmi, W/o Tharun, Occ: Medical Officer R/o. Flat No. 101, Kings Arcade, Boggaludibba Area, Vizianagaram. 4. Dr. Peela Tharun, S/o. Venkataramana, Occ: Div Medical Officer, Railways Hospital, DRM Office Complex, ECO Railway, Dondaparthi, Visakapatnam Gajuwaka, Visakapatnam- 530026. 5. One CC to Sri G.Sai Narayana Rao, Advocate [OPUC 6. One CC to Sri Koribilli Sandeep, Advocate [OPUC] 7. Two CD Copies GPC TAC Door No. 9-6-120/A, High School Road New high court DATED; 06/08/2025 ORDER trcmp no. 80 OF 2025 allow/ng thjs 'W/SCELLANEOUStransfer c;vjl petition