APHC010651192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 393/2025 Between: 1.YARRA @ CHINTAPATLA SUSEELA @ HARINI, W/O. YARRA DILEEP KUMAR, AGED ABOUT 32 YEARS, OCC HOUSEWIFE, R/O. D.NO.3-16C-49, G.O.COLONY, BEHIND BHASHYAM SCHOOL, SANTINAGAR, KAKINADA, KAKINADA DISTRICT, (ERSTWHILE EAST GODAVARI DISTRICT) ...PETITIONER AND 1.YARRA DILEEP KUMAR, S/o. Y.Prakash Rao, Aged about 35 years, R/o. D.No.6-153/8, Sai Priya Gardens, Opp Sai Nilaya Apartments, Madhurawada, Vishakhapatnam Vishakhapatnam 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 withdraw the F.C.O.P. No.2122 of 2023 pending on the file of V Additional District and Sessions cum Family Judge, Visakhapatnam, Visakhapatnam District and withdraw the same and transfer the same to the Court of Civil Judge (Senior Division), Kakinada, Kakinada District (Erstwhile East Godavari District) and pass 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 grant STAY of all further proceedings in F.C.O.P. No. 2122 of 2023 pending on the file of V Additional District and Sessions cum Family Judge, Visakhapatnam, Visakhapatnam District and pass Counsel for the Petitioner: 1.A K KISHORE REDDY Counsel for the Respondent: 1.CKR ASSOCIATES The Court made the following: THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.393 of 2025 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 for withdrawal of F.C.O.P.No.2122 of 2023, on the file of the V Additional District & Sessions-cum- Family Judge, Visakhapatnam, and transfer the same to the file of the Civil Judge (Senior Division), Kakinada, East Godavari District, for trail and disposal of the same. 2. The case of the petitioner in brief is as follows: I. The petitioner is the wife of the respondent and the marriage of the petitioner with the respondent was solemnized on 28.05.2015, in the presence of both side elders, at Bhavani Function Hall, near Balaji Cheruvu, Kakinada, as per the Hindu Rites and Caste Customs. During their wedlock, the petitioner/wife and the respondent/husband were blessed with a female child on 30.05.2021. After that, due to the matrimonial disputes between the spouses, the petitioner/wife along with her child aged about four (04) years has been residing separately in her parents’ house at Kakinada. The petitioner/wife pleaded that in view of the harassment made by the respondent/husband, she lodged a complaint against the respondent and his family members, dated 25.12.2023, which was registered as F.I.R.No.113 of 2023, for the offence punishable under Sections 498-A, 506 I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Disha Police Station, Kakinada, the same is pending for investigation. The petitioner/wife herein also filed two (02) other cases against the respondent/husband herein viz., Maintenance Case vide M.C.No.49 of 2024 on the file of the III Additional Judicial Magistrate of First Class, Kakinada, seeking maintenance from the respondent/husband and Domestic Violence Case vide D.V.C.No.10 of 2024 on the file of the V Additional Judicial Magistrate of First Class, Kakinada, the same are pending for adjudication. II. The petitioner/wife further pleaded that with a view to cause inconvenience and to harass her, the respondent/husband filed a case against the petitioner/wife herein vide F.C.O.P.No.2122 of 2023, on the file of the V Additional District & Sessions-cum-Family Judge, Visakhapatnam, under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights, the same is also pending for adjudication. III. Learned counsel for the petitioner would further contend that the petitioner being a woman, has been residing separately along with her child aged about four (04) years and depending upon the mercy of her parents at Kakinada, the distance between Kakinada and Visakhapatnam is more than 175Kms and it is very difficult for her to travel to attend the restitution case proceedings filed by the respondent/husband herein before the Court at Visakhapatnam without any male assistance and that she was constrained to file the present petition against the respondent/husband, seeking for withdrawal of F.C.O.P.No.2122 of 2023, on the file of the V Additional District & Sessions-cum-Family Judge, Visakhapatnam and transfer the same to the file of the Civil Judge (Senior Division), Kakinada, East Godavari District, for trail and disposal of the same. 3. Learned counsel for the respondent submitted that counter-affidavit has been filed before the Registry and there are no valid grounds to consider the request made by the petitioner herein and the present Transfer Civil Miscellaneous Petition may be dismissed. 4. Heard learned counsel appearing on both sides on record. 5. Perused the material available on record. 6. The material on record prima facie goes to show that, due to the matrimonial disputes between both the spouses, the petitioner/wife along with her child are residing separately in her parents’ house at Kakinada and she has filed three (03) cases against the respondent/husband herein viz., Criminal Case which was registered as F.I.R.No.113 of 2023, for the offence punishable under Sections 498-A, 506 I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Disha Police Station, Kakinada, Maintenance Case vide M.C.No.49 of 2024 on the file of the III Additional Judicial Magistrate of First Class, Kakinada, seeking maintenance from the respondent/husband and Domestic Violence Case vide D.V.C.No.10 of 2024 on the file of the V Additional Judicial Magistrate of First Class, Kakinada, the same are pending for adjudication and the respondent/husband also attending the Court proceedings 1 2022 LiveLaw (SC) 627 before the competent Courts at Kakinada. The material on record further discloses that the respondent/husband had filed a petition against the petitioner/wife herein i.e., F.C.O.P.No.2122 of 2023, on the file of the V Additional District & Sessions-cum-Family Judge, Visakhapatnam, under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights, the same is also pending for adjudication. 7. The Apex Court in a case of N.C.V. AISHWARYA VS A.S. SARAVANA KARTHIK SHA1, held as follows: “9. The cardinal principles 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 appearing for both sides and in view of the ratio laid down by the aforesaid case law and on considering the facts and circumstances of the present case that in matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience of the husband, therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, seeking for withdrawal of F.C.O.P.No.2122 of 2023, on the file of the V Additional District & Sessions-cum-Family Judge, Visakhapatnam, and transfer the same to the file of the Principal Senior Civil Judge, Kakinada, East Godavari District. 9. In the result, the Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.2122 of 2023 on the file of the V Additional District & Sessions-cum- Family Judge, Visakhapatnam, is hereby withdrawn and transferred to the file of the Principal Senior Civil Judge, Kakinada, East Godavari District. The learned V Additional District & Sessions-cum-Family Judge, Visakhapatnam, shall transmit the case record in F.C.O.P.No.2122 of 2023, to the file of the learned Principal Senior Civil Judge, Kakinada, East Godavari District, 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 Principal Senior Civil Judge, Kakinada, East Godavari District, on 27.03.2026, 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. _______________________________ JUSTICE V. GOPALA KRISHNA RAO Date: 29.01.2026 CVD