APHC010659652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] MONDAY,THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 403/2025 Between: 1.SMT. YOGITILA @ YAGATALA @ CHATTY HARITHA NAGAVENI, W/O.CHATTY GIRISH KUMAR, AGED 29 YEARS, HOME MAKER, PRESENTLY R/AT C/O. D.NO.70-11-49/A, PATAMATA, SRINIVASA NAGAR, VIJAYAWADA-520010, A.P. ...PETITIONER AND 1.SRI CHATTY C GIRISH KUMAR, S/o.C.AIIuraiah, Indian, Hindu, aged 37 yrs. Govt.,Employee R/o.D.No.76-100-3-5-6-5, Geetha Nagar, Kallur Mandal, Kurnool 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 FCOP No.78/2025, on the file of Honble Family court cum IV Additional District Judge at Kurnool, filed by the respondent herein under section 13(1)(ia)(ib) of Hindu Marriage Act, seeking for divorce and the same to be tried along with FCOP No. 1504/2025 on the file of Honble Family court cum IV Additional District Judge at Vijayawada which was filed by the petitioner against the respondent herein 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 stay of all further proceedings in FCOP No. 78/2025 the file of Hon’ble Family court cum IV Additional District Judge at Kurnool, till the disposal of the above Transfer Petition and to pass Counsel for the Petitioner: 1.NAGI REDDY GUJJULA Counsel for the Respondent: 1.TURAGA SAI SURYA The Court made the following: THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.403 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 to withdraw the F.C.O.P.No.78 of 2025, on the file of the Family Court-cum-IV Additional District Judge, Kurnool, and transfer the same to the file of the Family Court-cum-IV Additional District Judge, Vijayawada, Krishna District, to be tried along with F.C.O.P.No.1504 of 2025, 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 08.12.2019, in the presence of both side elders, at TGV Kalyana Mandapam, SAP Camp, Kurnool Town, 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 21.09.2020. After that, due to the matrimonial disputes between the spouses, the petitioner/wife along with her child aged about five (5) years has been residing separately in her parents’ house at Vijayawada. The petition/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 28.06.2025, which was registered as F.I.R.No.340 of 2025, for the offence punishable under Section 85 of B.N.S. Act, 2023 and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Patamata Police Station, Vijayawada, the same is pending for investigation. The petitioner/wife also filed two (02) other cases against the respondent/husband herein viz., F.C.O.P.No.1504 of 2025 on the file of the Family Court-cum-IV Additional District Judge, Vijayawada, under Section 144 of B.N.S.S. Act, 2023, seeking maintenance and Domestic Violence Case vide D.V.C.No.127 of 2025 on the file of the I Additional Chief Judicial Magistrate Vijayawada, 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.78 of 2025, on the file of the Family Court-cum-IV Additional District Judge, Kurnool, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution the marriage and 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 five (5) years and depending upon the mercy of her parents at Vijayawada and the distance between Vijayawada and Kurnool is more than 300Kms, it is very difficult for her to travel to attend the divorce case proceedings filed by the respondent/husband herein, before the Court at Kurnool without any male assistance and that she was constrained to file the present petition against the respondent/husband, seeking to withdraw the F.C.O.P.No.78 of 2025, on the file of the Family Court-cum-IV Additional District Judge, Kurnool, and transfer the same to the file of the Family Court-cum-IV Additional District Judge, Vijayawada, Krishna District, to be tried along with F.C.O.P.No.1504 of 2025, for trail and disposal of the same. 3. Learned counsel for the respondent submitted that 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 Mr. G. Nagi Reddy, learned counsel for the petitioner and Mr. Turaga Sai Surya, learned counsel for the respondent. 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 Vijayawada and she has filed three (03) cases against the respondent/husband herein viz., Criminal Case which was registered as F.I.R.No.340 of 2025, for the offence punishable under Section 85 of B.N.S. Act, 2023 and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Patamata Police Station, Maintenance Case vide 1 2022 LiveLaw (SC) 627 F.C.O.P.No.1504 of 2025 on the file of the Family Court-cum-IV Additional District Judge, Vijayawada, under Section 144 of B.N.S.S. Act, 2023, seeking maintenance and Domestic Violence Case vide D.V.C.No.127 of 2025 on the file of the I Additional Chief Judicial Magistrate Vijayawada, the same are pending for adjudication and the respondent/husband also attending the Court proceedings before the competent Courts at Vijayawada. The material on record further discloses that the respondent/husband had filed a divorce petition against the petitioner/wife herein i.e., F.C.O.P.No.78 of 2025, on the file of the Family Court- cum-IV Additional District Judge, Kurnool, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution the marriage and 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 to withdraw the F.C.O.P.No.78 of 2025, on the file of the Family Court-cum-IV Additional District Judge, Kurnool, and transfer the same to the file of the Principal Family Court-cum-IV Additional District Judge, Vijayawada, Krishna District. 9. In the result, the Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.78 of 2025 on the file of the Family Court-cum-IV Additional District Judge, Kurnool, is hereby withdrawn and transferred to the file of the Principal Family Court-cum-IV Additional District Judge, Vijayawada, Krishna District. The learned Family Court-cum-IV Additional District Judge, Kurnool, shall transmit the case record in F.C.O.P.No.78 of 2025, to the file of the Principal Family Court- cum-IV Additional District Judge, Vijayawada, Krishna District, duly indexed as expeditiously as possible preferably within a period of two (02) days from the date of receipt of a copy of the order. Both the parties are directed to appear before the Principal Family Court-cum-IV Additional District Judge, Vijayawada, Krishna District, on 30.01.2026, at 10.30 a.m. There shall be no order as to costs. 10. The Registry is hereby instructed to transmit a copy of this order forthwith to the Family Court-cum-IV Additional District Judge, Kurnool, through e-mail. 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: 19.01.2026 NOTE: ISSUE C.C by 19.01.2026 B/o CVD