APHC010681122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] THURSDAY,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 415/2025 Between: 1. BANAVATH LAKSHMI, W/O. SOMLANAIK, D/O. BHOJAVATUAMIRIYANAIK, AGED ABOUT 46 YEARS, R/O. SAMADHANAMPETA, GOTTIMUKKALA POST, GURAZALA MANDAL, PALNADU DISTRICT ...PETITIONER AND 1. BANAVATH SOMLA NAIK, S/o. VasramNaik Aged about 55 years, Occ Bank Manager, R/o. Door No. 49-54-16/3, 5TH Floor, Flat No.4, Madhuri Residency, B.S Layout, Seethammadhara, Visakhapatnam, Andhra Pradesh - 533013. ...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 to transfer the F.C.O.P 1721 of 2023 on the file of Hon'ble District Judge, Family Court, Visakhapatnam filed by the Respondent against me for dissolution of marriage to Hon'ble Civil Judge (Senior Division), Gurazalaor any other court at Gurazala 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 all the further proceedings in F.C.O.P 1721 of 2023 on the file of Hon’ble District Judge, Family Court, Visakhapatnam and pass Counsel for the Petitioner: 1. P S P SURESH KUMAR Counsel for the Respondent: 1. The Court made the following: THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.415 of 2025 ORDER: Today, when the matter was taken up for hearing, Mr. P.S.P. Suresh Kumar, learned counsel for the petitioner submitted that he had filed proof of service Memo before the Registry on 13.02.2026 vide U.S.R.No.18477 of 2026, along with the Postal Track Consignment Sheet downloaded from the Postal Department Website and the same is placed on record. As per the Postal Track Consignment Sheet, the registered notice sent to the learned counsel on record appearing for the respondent before the trial Court and the same was duly served on 07.02.2026. Despite service of notice, there is no representation on behalf of respondent. Therefore, ‘service held sufficient’. 2. 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 transfer of F.C.O.P.No.1721 of 2023 on the file of the District Judge, Family Court, Visakhapatnam, to the file of the Civil Judge (Senior Division), Gurazala, or any other Court at Gurazala, for trial and disposal of the same. 3. The case of the petitioner in brief is as follows: I. The petitioner is legally wedded wife of the respondent/husband and their marriage was solemnized on 01.06.1994, in the presence of both side elders and well-wishers, as per the Hindu Rites and Caste Customs. During their wedlock, the petitioner/wife and respondent/husband were blessed with two (02) children. Thereafter, due to the matrimonial disputes between the spouses; the petitioner/wife has been residing separately and depending upon the mercy of her parents at Gurazala. II. The petitioner/wife further pleaded that in view of the harassment made by the respondent/husband, she lodged a complaint against the respondent/husband, which was registered as Crime No.15 of 2018, for the offences punishable under Sections 498-A & 307 of I.P.C. before the Madhurawada Police Station, the same is pending for investigation and she also filed a Maintenance Case vide M.C.No.10 of 2019 on the file of the I Additional Junior Civil Judge, Gurazala, seeking maintenance from the respondent and the same is pending for adjudication. III. The petitioner/wife further pleaded that with a view to cause inconvenience and to harass her, the respondent/husband herein had filed a divorce petition vide F.C.O.P.No.1721 of 2023 on the file of the Judge, Family Court, Visakhapatnam, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. IV. Learned counsel for the petitioner would further contend that the petitioner being a woman has been residing separately and depending upon the mercy of her parents at Gurazala, the distance between Gurazala & Visakhapatnam is more than 500Kms and it is very difficult for the petitioner/wife to travel to attend the divorce case proceedings which was filed by the respondent/husband before the Court at Visakhapatnam without any male assistance and that she was constrained to file the present petition against the respondent/husband, seeking transfer of F.C.O.P.No.1721 of 2023 on the file of the Judge, Family Court, Visakhapatnam, to the file of the Civil Judge (Senior Division), Gurazala, or any other Court at Gurazala, for trial and disposal of the same. 4. Heard Mr. P.S.P. Suresh Kumar, learned counsel for the petitioner. 5. Though notice has been served, there is no representation on behalf of respondent. Therefore, ‘service is held sufficient’. 6. Perused the material available on record. 7. The material on record prima facie goes to shows that, in view of the matrimonial disputes between the spouses, the petitioner/wife herein has been residing separately in her parents’ house and depending upon the mercy of her parents at Gurazala. The material available on record reveals that the petitioner/wife herein filed two (2) cases against the respondent/husband viz., Criminal Case under Sections 498-A & 307 of I.P.C. before the Madhurawada Police Station, the same is pending for investigation and she also filed a Maintenance Case vide M.C.No.10 of 2019 on the file of the I Additional Junior Civil Judge, Gurazala, seeking maintenance from the respondent and the same is pending for adjudication and the respondent/husband is also attending the case proceedings before the competent Court at Gurazala. The material on record further discloses that the respondent/husband herein had filed a divorce petition against the petitioner/wife vide F.C.O.P.No.1721 of 2023 on the file of the Judge, Family Court, Visakhapatnam, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also 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 Karthik Sha2 held as follows: 1(2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 “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 for the petitioner 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 caused to the husband. Therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, seeking transfer of F.C.O.P.No.1721 of 2023 on the file of the Judge, Family Court, Visakhapatnam, to the file of the Civil Judge (Senior Division), Gurazala. 11. In the result, the present Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.1721 of 2023 on the file of the Judge, Family Court, Visakhapatnam, is hereby withdrawn and transferred to the file of the Civil Judge (Senior Division), Gurazala. The learned Judge, Family Court, Visakhapatnam, shall transmit the entire case record in F.C.O.P.No.1721 of 2023, to the file of the Civil Judge (Senior Division), Gurazala, duly indexed as expeditiously as possible, preferably within a period of two (02) weeks from the date of receipt of a copy of this order. 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: 19.02.2026 CVD/JLSR