APHC010572072025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA TRANSFER Between: 1. VANDEPURAM BABU RAO @ RAJU, S/O.LATE DEVAIAH, CHRISTIAN, AGED 44 YEARS, R/O.DR.NO.26 SIVARAM NAGAR, GUNTUR, GUNTUR DISTRICT 1. VANGEPURAM SAILAJA, W/O.BABU RAO @ RAJU, D/O.DEVASAHAYAM, CHRISTIAN, AGED ABOUT 27 YEARS. TEACHER, 2. VANGEPURAM BLESSI, D/O.BABU RAO @ RAJU, AGED ABOUT 12 YEARS,R/O.DR.NO.1/5, KESAMPALLIVARI STREET, KANIGIRI TOWN AND MANDAL, PRAKASAM DISTRICT. THE STATE, REP.BY PUBLIC PROSECUTOR, HIGH COUR PRADESH,AMARAVATH 3. VANGEPURAM STEPHEN, D/O.BABU RAO @ RAJU, AGED ABOUT 9 YEARS, 2 AND 3 ARE BEING MINORS REP.BY THEIR GUARDIAN, NEXT FRIEND AND MOTHER I.E., 1ST RESPONDENT, R/O.DR.NO.1/5, KESAMPALLIVARI STREET, KANIGIRI TOWN AND MANDAL, PRAKASAM DISTRICT. 4. THE STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH,AMARAVATH IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 99/2025 VANDEPURAM BABU RAO @ RAJU, S/O.LATE DEVAIAH, CHRISTIAN, AGED 44 YEARS, R/O.DR.NO.26-20-339/A, 11TH LINE SIVARAM NAGAR, GUNTUR, GUNTUR DISTRICT ...PETITIONER AND VANGEPURAM SAILAJA, W/O.BABU RAO @ RAJU, D/O.DEVASAHAYAM, CHRISTIAN, AGED ABOUT 27 YEARS. VANGEPURAM BLESSI, D/O.BABU RAO @ RAJU, AGED ABOUT 12 YEARS,R/O.DR.NO.1/5, KESAMPALLIVARI STREET, KANIGIRI TOWN AND MANDAL, PRAKASAM DISTRICT. THE STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH,AMARAVATH VANGEPURAM STEPHEN, D/O.BABU RAO @ RAJU, AGED ABOUT 9 YEARS, 2 AND 3 ARE BEING MINORS REP.BY THEIR GUARDIAN, NEXT FRIEND AND MOTHER I.E., 1ST RESPONDENT, R/O.DR.NO.1/5, KESAMPALLIVARI STREET, KANIGIRI TOWN AND L, PRAKASAM DISTRICT. THE STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH,AMARAVATH ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3397] THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA VANDEPURAM BABU RAO @ RAJU, S/O.LATE DEVAIAH, 339/A, 11TH LINE ...PETITIONER VANGEPURAM SAILAJA, W/O.BABU RAO @ RAJU, D/O.DEVASAHAYAM, CHRISTIAN, AGED ABOUT 27 YEARS. VANGEPURAM BLESSI, D/O.BABU RAO @ RAJU, AGED ABOUT 12 YEARS,R/O.DR.NO.1/5, KESAMPALLIVARI STREET, KANIGIRI TOWN AND MANDAL, PRAKASAM DISTRICT. THE STATE, REP.BY T OF ANDHRA VANGEPURAM STEPHEN, D/O.BABU RAO @ RAJU, AGED ABOUT 9 YEARS, 2 AND 3 ARE BEING MINORS REP.BY THEIR GUARDIAN, NEXT FRIEND AND MOTHER I.E., 1ST RESPONDENT, R/O.DR.NO.1/5, KESAMPALLIVARI STREET, KANIGIRI TOWN AND THE STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF ...RESPONDENT(S): may be pleased to order to withdrawal and transfer of M.C.No.8 of 2024 from the Court of the Judicial Magistrate of First Class, Kanigiri, Prakasam District to the Family C.ourt-cum-XII Additional District Judge, Guntur, where FCOP.(DOP)No.201 of 2025 between the same parties is pending and pass such IA 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 may be pleased to stay all further proceedings in M.C.No.8 of 2024 on the file of the Judicial Magistrate of First Class, Kanigiri, Prakasam District, till disposal of the main petition and to pass such Counsel for the Petitioner: 1. HABIBULLA SHAIK Counsel for the Respondent(S): 1. KOPPARTHI SUMATHI 2. PUBLIC PROSECUTOR The Court made the following: THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.99 of 2025 ORDER: The petitioner herein filed the present petition under Section 447 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS, 2023.’), seeking to withdraw M.C.No.8 of 2024, on the file of learned Judicial Magistrate of First Class, Kanigiri, Prakasam District and the transfer the same to the learned Family Court-cum-XII Additional District Judge, Guntur, for trial and disposal. 2. The case of the petitioner in brief is as follows: i. The petitioner is the legally wedded husband of the 1st respondent, and their marriage was solemnized on 09.07.2011 at Railway Kalyanapandam, Guntur, in the presence of elders from both sides, in accordance with Christian rites, ceremonies, and customs. Out of the wedlock, the parties were blessed with two children, who are arrayed as respondent Nos. 2 and 3 herein. The petitioner further stated that the 1st respondent, along with the children, filed M.C.No.8 of 2024, before the learned Judicial Magistrate of First Class, Kanigiri, Prakasam District, seeking maintenance. The 1st respondent also filed Crl.M.P.No.3620 of 2024 in M.C.No.8 of 2024 seeking interim maintenance, and the learned Judicial Magistrate of First Class, Kanigiri, was pleased to grant interim maintenance vide order dated 11.11.2024. ii. The petitioner further stated that he filed F.C.O.P. (DOP) No. 201 of 2025, before the learned Family Court-cum-XII Additional District Judge, Guntur, under Section 10(ix) and (x) of the Indian Divorce Act, 1869, seeking dissolution of marriage. The petitioner further stated that he is working as a security guard on an outsourced basis and is earning a meager income. He further stated that he is suffering from kidney disease, is unable to travel long distances, and therefore constrained to file the present petition. 3. Heard learned counsel for the petitioner and learned counsel for the respondents. 4. Learned counsel for the respondents would contend that there are no merits in the present petition and the present petition may be dismissed. 5. As seen from the material on record, the respondent No.1, along with her two children, filed M.C. No. 8 of 2024. on the file of the learned Judicial Magistrate of First Class, Kanigiri, Prakasam District, seeking maintenance, and the same is pending for enquiry. The contention of the petitioner herein is that, subsequent to the filing of M.C. No. 8 of 2024, the petitioner herein filed F.C.O.P. (DOP) No. 201 of 2025 on the file of the Family Court-cum-XII Additional District Judge, Guntur, seeking dissolution of marriage, and respondent No. 1 has been contesting the same by filing a counter, and the said case was posted for reconciliation. The respondent Nos. 1 to 3, who are none other than the wife and minor children, i.e., respondent Nos. 2 and 3, aged about 12 and 9 years, who are prosecuting studies at Kanigiri, approached the jurisdictional Magistrate for seeking maintenance from the petitioner herein. One of the grounds for seeking transfer of the case, as sought by the petitioner, is that the petitioner herein filed F.C.O.P. (DOP) No. 201 of 2025 on the file of the Family Court-cum-XII Additional District Judge, Guntur, seeking dissolution of marriage, and that the maintenance case which was instituted in the year 2024 and pending before the jurisdictional Magistrate may be transferred to Guntur. 6. The cause of action and mode of proof in M.C. No. 8 of 2024 and F.C.O.P. (DOP) No. 201 of 2025 are quite different and also distinct. Moreover, the wife and minor children of the petitioner, who are staying at Kanigiri, approached the jurisdictional Magistrate at Kanigiri in the year 2024 seeking maintenance for their livelihood. In such case, a maintenance case cannot be transferred to the place of residence of petitioner at Guntur. 7. For the aforesaid reasons, this Court does not find any grounds to allow the present Transfer Criminal Petition. 8. With the above observations, this Transfer Criminal Petition is dismissed. 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: 04.02.2026 JLSR/MH 24 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITON No.99 of 2025 Date: 04.02.2026 JLSR/MH