APHC010683592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 126/2025 Between: 1.SRI. DUMPA STAYANARAYANA, S/O YERRAYYA REDDY, HINDU, AGED 40 YEARS R/AT C/O SONTI KRISHNAVENI HOUSE, RAJUGARI BEEDU, NEAR MAMMA PUBLIC SCHOOL, BACK SIDE OF TIRUMALA HOSPITAL PAYAKARAOPETA, ANAKAPALLI DRISTRICT, ANDHRA PRADESH-531126 2.SMT. DUMPA DURGA, W/O YERRAYYA REDDY, HINDU, AGED ABOUT 60 YEARS, R/AT C/O SONTI KRISHNAVENI HOUSE, RAJUGARI BEEDU, NEAR MANNA PUBLIC SCHOOL, BACK SIDE OF TIRUMALA HOSPITAL, PAYAKARAOPETA ANAKAPALLI DISTRICT. ...PETITIONER(S) AND 1.SMT DUMPA GOWRI, W/O. DUMPA SATYANARYANA, HINDU, AGED 36 YEARS, R/O DOOR NO. 2-64, KOTHA. CHERUKUPALLI, BHOGAPURAM MANDAL, CHITTIVALASA PO, BHOGAPURAM, VIZIANAGARAM DISTRICT ANDHRA PRADESH - 531162. 2.SRI DUMPA VEERA VAMSI KRISHNA, S/O. DUMPA SATYANARYANA, HINDU, AGED 11 YEARS, R/O DOOR NO. 2-64, KOTHA CHERUKUPALLI, BHOGAPURAM MANDAL, CHITTIVALASA PO, BHOGAPURAM, VIZIANAGARAM DISTRICT, ANDHRA PRADESH - 531162 (2ND PETITION BEING MINOR, REP BY HER MOTHER AND NATURAL GUARDIAN). 3.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR. AT ANDHRA PRADESH HIGH COURT. ...RESPONDENT(S): may be pleased to withdraw D.V.C. from the file of the Court of I Additional Junior Civil Judge, For the reasons No. 05/2025 Vizianagaram and transfer the same to the file of any other competent Family Court or to any court trying matters under The Protection of Women from Domestic Violence Act 2005 At Visakhapatnam or any other adjoining District, and to 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 grant an interim order of stay of all further proceedings in D.V.C. No. 05/2025 , on the file of the Court of I Additional Junior Civil Judge, Vizianagaram, and pass such Counsel for the Petitioner(S): 1.AKULA VAMSI SANGEETH KUMAR Counsel for the Respondent(S): 1.PUBLIC PROSECUTOR 2. The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.126 of 2025 ORDER: The petitioners herein have filed the present petition under Section 447 of Bharatiya Nagarik Suraksha Sanhita Act, 2023, seeking to withdraw D.V.C.No.05 of 2025 from the file of the I Additional Junior Civil Judge, Vizianagaram and transfer the same to the file of any other competent Family Court or to any Court trying matters under ‘The Protection of Women from Domestic Violence Act, 2005’, at Visakhapatnam or any other adjoining District, for trial and disposal of the same. 2. Learned counsel for the petitioners submitted that petitioner No.1/husband herein, is working as a Government Teacher and currently posted at Payakaraopeta, Anakapalli District. The petitioner No.2 is the mother of petitioner No.1/husband and is aged about sixty (60) years and the distance between Payakaraopeta and Vizianagaram is approximately 140Kms. He further submitted that petitioner No.1/husband herein is residing along with his mother at Payakaraopeta and therefore, the personal appearance of the petitioners may be dispensed with, before the I Additional Junior Civil Judge, Vizianagaram. 3. Learned counsel for the petitioners further submitted that he filed a proof of service memo before the Registry, dated 08.01.2026 vide U.S.R.No.3303 of 2026 along with the Postal Track Consignment Sheet downloaded from the Postal Department Website and the same has been placed on record. As per the Postal Track Consignment Sheet, the registered notice sent to the respondent No.1/wife and the same was served on 06.01.2026. 4. Heard Mr. Akula Vamsi Sangeetha Kumar, learned counsel for the petitioners and learned Assistant Public Prosecutor appearing on behalf of respondent No.3/State. Though notice has been served, there is no representation on behalf of other respondent No.1/wife. The respondent No.2 is a minor son represented by his mother i.e. respondent No.1. 5. Perused the material available on record. 6. As seen from the material on record, the respondent No.1/wife has filed a Domestic Violence Case against the petitioners herein vide D.V.C.No.05 of 2025, before the I Additional Junior Civil Judge, Vizianagaram. The law is well settled that in matrimonial cases, the convenience of the wife has to be taken into consideration than that of inconvenience caused to the husband. Here, wife is staying at Vizianagaram Court limits; therefore, it is not a fit and proper to transfer the said D.V.C.No.05 of 2025 from Vizianagaram, to the place of residence of the petitioners herein. Therefore, I am of the considered view that there are no valid grounds seeking to withdraw D.V.C.No.05 of 2025 from the file of the I Additional Junior Civil Judge, Vizianagaram and transfer the same to the file of any other competent Family Court or to any Court at Visakhapatnam. Further, on considering the submissions made by the learned counsel for the petitioners, the petitioner No.1 is working as a teacher at Payakaraopeta and 2nd petitioner is a senior citizen, the personal appearance of the petitioners herein i.e. respondents in D.V.C.No.05 of 2025 is dispensed with, on a condition that they shall appear before the I Additional Junior Civil Judge, Vizianagaram, in D.V.C.No.05 of 2025, as and when directed by the learned trial Judge, since their appearance is not at all required on every date of hearing. 7. With the above observations, the Transfer Criminal Petition is disposed of at the stage of admission. 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: 21.01.2026 CVD/JLSR