■v. APHC010105662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION NO: 77 OF 2025 Between: Kada Revathi, W/o Kada Karthik, Aged about 31 years, R/o 17-181/3, Ashok Nagar, Tiruvuru Village and Mandal, NTR District- 521235 ...Petitioner/Respondent AND Kada Kartheek, S/o Chandrasekhar Rao, Aged 35 years, R/o 1st Floor, D.No. 11-2-31, Subbaramayya street. Near Jenda Chettulslampet, One town, Vijayawada-1. ...Respondent/Petitioner 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 FCOP NO. 308 of 2024 on the file of Hon'ble IV Additional District Judge cum Family Court Judge, Vijayawada and transfer the same to Senior Civil Judge, at Nuzvid, Krishna District. lA 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 to stay all further proceedings in FCOP NO. 308 of 2024 pending on the file of Hon'ble IV Additional District Judge cum Family Court Judge, Vijayawada, pending disposal of the main Transfer Civil miscellaneous petition. J Counsel for the Petitioner: SRI K.V.ADITYA CHOWDARY Counsel for the Respondent: SRI B.V.ANJANEYULU The Court made the following Order: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.77 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.308 of 2024, on the file of the IV Additional District Judge-Cum-Family Court Judge, Vijayawada, Krishna District and transfer the same to the Senior Civil Judge at Nuzvid, Krishna District. 2. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent/husband and their marriage has been performed at Tiruvuru, NTR District on 11.03.2020, as per Hindu rites and customs. During their wedlock, the petitioner and the respondent were blessed with a male child aged about 3 years. In view of the matrimonial disputes between both the parties, the petitioner/wife along with her son aged about 3 years are staying at her parents’ house at Tiruvuru, NTR District and depending upon the mercy of her parents. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent No. /husband had filed F.C.O.P.No.308 of 2024, on the file of ' of the IV Additional District Judge-Cum-Family Court Judge, Vijayawada, Krishna District, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage. 2 Learned counsel for the petitioner further contended that the petitioner being a woman, having a child aged about 3 years and depending upon the mercy of her parents, it is very difficult for her attend the Court proceedings before the learned IV Additional District Judge-Cum-Family Court Judge, Vijayawada, Krishna District adjournment without any male support and that she file the present petition against the respondent/husband on each and every date of was constrained to seeking to withdraw F.C.O.P.No.308 of 2024, on the file of the IV Additional District Judge-Cum-Family Court Judge, Vijayawada, transfer the same to the Senior Civil Judge at Nuzvid, Krishna Krishna District and District. 3. Heard Sri K.V.Aditya Chowdary, learned counsel for the ■V.Anjaneyulu. learned counsel for the respondent. Perused the available on record. petitioner and Sri B material 4. The material on record prima facie goes to show that in view of the matrimonial disputes between both the parties, the petitioner/wife along with her son aged about 3 years are staying at her parents’ house at Tiruvuru, NTR District and depending upon the mercy respondent/husband has filed F.C.O.P.No.308 of 2024 of her parents. The on the file of the IV Additional District Judge-Cum-Family Court Judge, Vijayawada District, under Section 13(1)(ia)(ib) of the Hindu Marriage for dissolution of marriage. , Krishna Act, 1955, seeking 3 r A 5. 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. 6. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana 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 paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer. ” On considering the submissions made by the learned counsel appearing for both sides and in view of the ratio laid down in the aforesaid 7. V 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.308 of 2024, on the file of the IV Additional District Judge-Cum- Judge, Family Court, Vijayawada, Krishna ^ (2000) 10 see 304 ^ 2022 LiveLaw (SC) 627 4 District and transfer the same to the Senior Civil Judge at Nuzvid, Krishna District. In the result, the present petition is allowed and F.C.O.P.No.308 of 2024, on the file of the IV Additional District Judge-Cum- Judge, Family Court, Vijayawada, Krishna District, is hereby withdrawn and transferred to the Senior Civil Judge at Nuzvid, Krishna District. The learned IV Additional District Judge-Cum- Judge, Family Court, Vijayawada, Krishna District, shall transmit the case record in F.C.O.P.No.308 of 2024 to the Senior Civil Judge at Nuzvid, Krishna District, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of 8. \ a copy of the order. Both parties are directed to appear before the learned Senior Civil Judge Court, Nuzvid, Krishna District, on 21.08.2025, 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. Sd/- K SRINIVASA RAJU assistant registry //TRUE COPY// SECTION OFFICER To, - Family Court Judge, Vijayawada, 1 The IV Additional District Judge-cum Krishna District 2. The Senior Civil Judge, at Nuzvid, Krishna District. 3. Kada Revathi, W/o Kada Karthik, Aged about 31 years Village and Mandal, NTR District- 521235 ., R/o 1st Floor, Jenda Chettulslampet, , R/o 17-181/3 AshokNagar, Tiruvuru Kartheek, S/o Chandrasekhar Rao, Aged 35 years 4. Kada D.No. 11-2-31, Subbaramayya r^np town. Viiavawada-1. street. Near V. 5. One CC to Sri K.V.Aditya Chowdary, Advocate [OPUC] One CC to Sri. B.V.Anjaneyulu, Advocate [OPUC] Three CD Copies 6. 7. GPC vna 4 HIGH COURT DATED: 18/07/2025 ORDER TRCMP NO. 77 OF 2025 ALLOWING THIS TRANSFER CIVIL MISCELLANEOUS PETITION