APHC010075722026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] THURSDAY,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION NO: 47 of 2026 Between: 1. THOTA ARUNA PRASANTHI, W/O. BOKKA AYYAPPA SWAMY, D/O. THOTA PREM SAGAR, CHRISTIAN, FEMALE, LECTURER, AGED ABOUT 27 YEARS, R/O. D.NO.22-322, YSR COLONY, 4TH ROAD, PONANGI ROAD, VENKATAPURAM, ELURU MANDAL, ELURU DISTRICT ...PETITIONER AND 1. BOKKA AYYAPPA SWAMY, S/o. Late. Bokka Veera Pratap, D/o. Palnati Venkanna, Christian, Male, Private Employee, Aged about 32 years, D.No.32/1-20, Near Water Tank, Bandar Kota, Machilipatnam, Krishna 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 topleased to transfer the D.O.P. No. 152 of 2025 on the file of the Honble X Additional District Judge, Machilipatnam, Krishna District to VII Additional District and Sessions Judge cum Family Court, Eluru, West Godavari District, in the interest of justice and to pass IA NO: 1 OF 2026 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 pleased to stay of all further proceedings in D.O.P. No. 152 of 2025 on the file of the Hon’ble X Additional District Judge, Machilipatnam, Krishna District, including personal appearance of the petitioner, pending disposal of the main Transfer C.M.P., in the interest of justice and to pass Counsel for the Petitioner: 1. SAMAYAMANTHULA SRIKANTH Counsel for the Respondent: 1. KUMBHAM CHARITH KARTHIK The Court made the following: THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.47 of 2026 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 D.O.P.No.152 of 2025, on the file of learned X Additional District Judge, Krishna at Machilipatnam, Krishna District and transfer the same to the file of the learned VII Additional District and Sessions Judge-cum-Family Court, Eluru, West Godavari District for trial and disposal. 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 was solemnized on 13.05.2022 as per Christian rites at Machilipatnam. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents’ house along with her minor daughter aged about 3 years. The contention of the petitioner is that she is working as a lecturer in C.R.Reddy college for women, Eluru and currently residing at Eluru. ii. The petitioner submitted that she lodged a complaint, which was registered as F.I.R.No.109 of 2025 under Sections 498-A read with 34 of the Indian Penal Code at Mahila police station, Eluru, and the same is pending. iii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed D.O.P.No.152 of 2025, on the file of learned X Additional District Judge, Krishna at Machilipatnam, seeking restitution of conjugal rights, under Section 32 of Indian Divorce Act, 1869 and the same is pending adjudication. The petitioner further pleaded that it is very difficult for the petitioner/wife to appear before learned X Additional District Judge, Krishna at Machilipatnam on each and every adjournment without any male assistance, and that she is constrained to file this petition. 3. Today, when the matter has been listed under the caption ‘for orders’, none appeared on behalf of respondent. 4. Heard learned counsel for the petitioner. 5. Perused the material available on record. 6. The material on record prima facie shows that, in view of the matrimonial disputes between the parties, the petitioner/wife has been residing separately at Eluru along with her minor daughter aged about 3 years, and is working as a lecturer in C.R. Reddy college for women, Eluru. The material on record discloses that the respondent/husband filed a divorce petition against the petitioner/wife vide D.O.P.No.152 of 2025, on the file of learned X Additional District Judge, Krishna at Machilipatnam, seeking restitution of conjugal rights, under Section 32 of Indian Divorce Act, 1869 and the same is pending adjudication. The material on record further discloses that the petitioner had filed a complaint, which was registered as F.I.R.No. 109 of 2025 under Sections 498-A of the Indian Penal Code at Mahila police station, Eluru, and the same is pending. 7. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha1held as follows: “9. The cardinal principle 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 for the petitioner 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 taken into consideration rather than the inconvenience of the husband and therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife seeking transfer of D.O.P.No.152 of 2025, on the file of learned X Additional District Judge, Krishna at Machilipatnam to the file of the learned Judge, Family Court at Eluru. 1 2022 LiveLaw (SC) 627 9. In the result, the present Transfer Civil Miscellaneous Petition is allowed, and D.O.P.No.152 of 2025, on the file of learned X Additional District Judge, Krishna at Machilipatnam, Krishna District is hereby withdrawn and transferred to the file of the learned Judge, Family Court, Eluru. The learned X Additional District Judge, Krishna at Machilipatnam, shall transmit the case record in D.O.P.No.152 of 2025, to the file of the learned Judge, Family Court, Eluru, West Godavari District, as expeditiously as possible, preferably within a period of two (02) weeks from the date of receipt of a copy of this order. 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: 23.04.2026 JLSR 115 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.47 of 2026 Date: 23.04.2026 JLSR