APHC010692422025 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: 420/2025 Between: 1.ALAGANI SAI PRAGNA, ,D/O.A.RAJASEKHAR, W/O. T.C. PAVAN KUMAR AGED ABOUT 29 YEARS, OCC HOUSEWIFE, R/O. D.NO. 102, SRIPADA KESAVA APARTMENT, SV NAGAR, NEAR WEST CHURCH, OLD POST OFFICE STREET, TIRUPATI- 517501. ...PETITIONER AND 1.T C PAVAN KUMAR, S/o.T.C. Jayachandra Reddy, Aged about 35 years, Occ Business, R/o D.No.1/4/16-1, Janakiram Colony, Near'CPM Statue, Anantapur, Anantapur 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. 250 of 2025 pending on the file of Hon'ble Judge Family Court Cum -VII Addl. District Court Anathapuram and transfer the same to the Family Court At Tirupathi 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. 250 of 2025 on the file the Hon’ble Judge Family Court -Cum -VII Addl. District Judge, Anathapuram pending disposal of the Main TRCMP Counsel for the Petitioner: 1.V NITESH Counsel for the Respondent: 1. The Court made the following: THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.420 of 2025 ORDER: Today, when the matter was taken up for hearing, Sri V. Nitesh, learned counsel for the petitioner submitted that he had filed proof of service Memo before the Registry on 22.01.2026 vide U.S.R.No.6735 of 2026, and it shows that the registered notice sent to the respondent and the same was served. 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 for withdrawal of F.C.O.P.No.250 of 2025, on the file of the Judge, Family Court- cum-VII Additional District Court, Ananthapuram, and transfer the same to the file of the Judge, Family Court, Tirupathi, 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 25.05.2019, at Padmavathi Kalyana Mandapam, Tirupathi in the presence of relatives and well-wishers, as per the Hindu Rites and Caste Customs. During their wedlock, petitioner/wife and the respondent/husband were blessed with a female child. Thereafter, due to the matrimonial disputes between the spouses; the petitioner/wife has been residing separately along with her female child and depending upon the mercy of her parents at Tirupathi. The petitioner/wife further pleaded that in view of the harassment made by the respondent/husband herein she lodged a complaint on 29.09.2023, which was registered as Cr.No.103 of 2023, for the offences punishable under Sections 498-A, 323, 354(i)(iii), 354-A(2) of IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961, before the Disha Police Station, Tirupathi, after completion of investigation, Police laid a charge sheet and the same was as C.C.No.45 of 2024, on the file of IV Additional Judicial Magistrate, Tirupathi. She also filed D.V.C.No.1 of 2025, on the file of III Additional Judicial First Class Magistrate court, Tirupathi and 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 herein had filed a divorce petition vide F.C.O.P.No.250 of 2025, on the file of learned Judge Family Court-cum-VII Additional District Judge, Ananthapuram, 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. III. Learned counsel for the petitioner would further contend that the petitioner being a woman, has been residing separately along with her female child and depending upon the mercy of her parents at Tirupathi, the distance between Tirupathi and Ananthapur is more than 250Kms 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 Ananthapuram without any male assistance and that she was constrained to file the present petition against the respondent/husband, seeking to withdraw F.C.O.P.No.250 of 2025, on the file of learned Judge, Family Court-cum-VII Additional District Judge, Ananthapuram, and transfer the same to the file of the Judge, Family Court, Tirupathi, for trial and disposal of the same. 4. Heard Mr. V. Nithesh, learned counsel for the petitioner. 5. The registered notice sent to the respondent and the same was served. 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 along with her child in her parents’ house and depending upon the mercy of her parents at Tirupathi. She has instituted two (02) cases against the respondent/husband herein viz., C.C.No.45 of 2024 on the file of IV Additional Judicial Magistrate, Tirupathi and Domestic Violence Case vide D.V.C.No.1 of 2025 on the file of III Additional Judicial First Class Magistrate court, Tirupathi, the same are pending for adjudication and the respondent/husband is also attending the case proceedings before the competent Courts at Tirupathi. 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.250 of 2025, on the file of learned Judge Family Court-cum-VII Additional District Judge, Ananthapuram, under Section 1(2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 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: “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 for withdrawal of F.C.O.P.No.250 of 2025, on the file of learned Judge, Family Court-cum-VII Additional District Judge, Ananthapuram, and transfer the same to the file of the learned V Additional District Judge-cum-Family Court, Tirupathi. 11. In the result, the present Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.250 of 2025, on the file of learned Judge, Family Court-cum-VII Additional District Judge, Ananthapuram, is hereby withdrawn and transferred to the file of the learned V Additional District Judge-cum- Family Court, Tirupathi. The learned Judge, Family Court-cum-VII Additional District Judge, Ananthapuram, shall transmit the entire case record in F.C.O.P.No.250 of 2025, to the file of the learned V Additional District Judge- cum-Family Court, Tirupathi, 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: 29.01.2026 CVD