APHC010636902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 400/2025 Between: 1. MUKKARA LAVANYA,, W/O. KODURU VAMSI PRASANNA D/O. MUKKARA SRINIVASULU, AGED ABOUT 28 YEARS, OCC- HOUSE WIFE. RESIDING AT D.NO. 1-13-188/14, APPALASWAMYQUARI, VIDYADHARAPURAM, VIJAYAWADA (URBAN) KRISHNA DISTRICT - 520012. CELL 8179213676. ...PETITIONER AND 1. KODURU VAMSI PRASANNA, S/o Subramanyam, Aged about 32 years. Working as a Panchayat Secretary, R/o D.No. 27-4-243, Flat No. 50.2, Bhavani Park Residency, 6th Street, Ramji Nagar, Near Childrens Park, Nellore City, SPSR Nellore District, A.P. - 524 002, Cell No., 9182631938, 9492936327. Aadhaar No 3153 9448 3010. Email- koduruvamsiprasanna@gmail. com ...RESPONDENT Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed herewith, the High Court may be pleased to withdraw F.C.O.P NO. 152 of 2024 on the file of the court of the VI Addl.District and Sessions Judge cum Family Court, Nellore and to transfer the same to the IV Additional District and Sessions Judges Court Cum the Principal Family Court of Vijayawada and pass 2 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 pleased to stay all further proceedings in F.C.O.P NO. 152 of 2025 on the file of the court of the VI Addl. District and Sessions Judge cum Family Court, Nellore, pending disposal of Tr.C.M.P. before this Hon'ble Court and pass Counsel for the Petitioner: 1. MD SALEEM Counsel for the Respondent: 1. K PALLAVI The Court made the following: 3 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.400 of 2025 ORDER: The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908 seeking withdrawal of F.C.O.P.No.152 of 2025, on the file of VI Additional District and Sessions Judge-cum-Family Court, Nellore, and transfer the same to the file of the IV Additional District and Sessions Judge- Cum-Principal Family Court, Vijayawada, for trail and disposal of the same. 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 07.02.2022 at Swarna Vedika, Nellore, as per Hindu rites and caste customs. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents’ house at Vijayawada. ii). The petitioner/wife further pleaded that with a view to cause inconvenience to her, the respondent/husband instituted F.C.O.P.No.152 of 2025, on the file of the VI Additional District and Sessions Judge-cum-Family Court, Nellore, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, for dissolution of marriage, and the same is pending for adjudication. 3. Learned counsel for the petitioner would further contend that she instituted F.C.O.P.No.980 of 2025 before the IV Additional District and Sessions Judge- Cum-Principal Family Court, Vijayawada under section 9 of Hindu Marriage Act, 1955 for restitution of conjugal life. She further contends that the petitioner, being a woman, has been residing at her parents’ house at Vijayawada and depending 4 upon the mercy of her parents at Vijayawada, Krishna District, and the distance between Vijayawada and Nellore is more than 250Kms, it is very difficult for her to travel to attend the case proceedings filed by the respondent/husband before the Court at Nellore without any male assistance, and that she was constrained to file the present petition against the respondent/husband, seeking withdrawal of F.C.O.P.No.152 of 2025, on the file of the VI Additional District and Sessions Judge-cum-Family Court, Nellore, and transfer the same to the file of the IV Additional District and Sessions Judge-Cum-Principal Family Court, Vijayawada for trail and disposal of the same. 4. Learned counsel for the respondent would contend that the respondent herein is working as a Panchayat Secretary at Nellore and that there are no merits in the transfer petition filed by the petitioner, and the petition may be dismissed. He would further contend that in case if this Court is inclined to transfer the said F.C.O.P.No.152 of 2025 to Vijayawada, it would be very difficult for the respondent/husband herein to appear before the IV Additional District and Sessions Judge-Cum-Principal Family Court, Vijayawada. 5. Heard Sri Md.Saleem, learned counsel for the petitioner, and Smt. K.Pallavi, learned counsel for the respondent. 6. Perused the material available on record. 7. The material on record prima facie goes to show that, due to the matrimonial disputes between both parties, the petitioner/wife has been residing with her parents in Vijayawada. The material on record further reveals that the respondent/husband has instituted a petition against the petitioner/wife herein vide F.C.O.P.No.152 of 2025, on the file of the VI Additional District and Sessions 5 Judge-cum-Family Court, Nellore, seeking dissolution of marriage, and the same is pending for adjudication. 8. The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER HEERA1, 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.= 9. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana KarthikSha2 held 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.” 10. 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 taken into consideration than that of the inconvenience of the husband and on considering the facts and circumstances of the present case, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, 1(2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 6 seeking transfer of F.C.O.P.No.152 of 2025, on the file of VI Additional District and Sessions Judge-cum-Family Court, Nellore, and transfer the same to the file of the IV Additional District and Sessions Judge-Cum-Principal Family Court, Vijayawada. 11. Further, on considering the submissions made by the learned counsel for the respondent that the respondent/husband herein is a Panchayat Secretary, who is currently working at Nellore, it is therefore desirable to dispense with the personal appearance of the respondent/husband herein i.e., the petitioner in F.C.O.P.No.152 of 2025, on the file of VI Additional District and Sessions Judge- cum-Family Court, Nellore, before the transferee Court, except on the days when his personal appearance is required before the said Court as per law. 12. In the result, the Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.152 of 2025, on the file of VI Additional District and Sessions Judge- cum-Family Court, Nellore, is hereby withdrawn and transferred to the file of the IV Additional District and Sessions Judge-Cum-Principal Family Court, Vijayawada for trail and disposal of the same. The learned VI Additional District and Sessions Judge-cum-Family Court, Nellore, shall transmit the case record in F.C.O.P.No.152 of 2025, to the file of the learned IV Additional District and Sessions Judge-Cum-Principal Family Court, Vijayawada, duly indexed as expeditiously as possible preferably within a period of one (01) week, from the date of receipt of a copy of the order. Both the parties are directed to appear before the learned IV Additional District and Sessions Judge-Cum-Principal Family Court, Vijayawada on 05.03.2026 at 10.30 A.M. The transferee Court i.e., learned IV Additional District and Sessions Judge-Cum-Principal Family Court, 7 Vijayawada, is hereby directed not to insist for the personal appearance of the respondent herein i.e., the petitioner in F.C.O.P.No.152 of 2025, 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 IV Additional District and Sessions Judge-Cum-Principal Family Court, Vijayawada. 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: 28.01.2026 SSA/CMK 8 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO 102 TRANSFER CIVIL MISCELLANEOUS PETITION No.400 of 2025 Date: 28.01.2026 SSA/CMK