VGKR,J TR.C.M.P.NO.98 OF 2026 APHC010151422026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] WEDNESDAY,THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 98/2026 Between: 1. SMT ALETI PAVANI( SMT ARJI PAVANI), W/O ARJI JAI KIRAN, AGED 27 YEARS, OCC HOUSEWIFE R/O D.NO.9-9-108/2, MANGAPURAM COLONY, NEAR KALABHARATHI, VISAKHAPATNAM. ...PETITIONER AND 1. ARJI JAI KIRAN, S/o Arji Gangathar Rao, Aged 30 years, Occ Business, R/o Plot Nos. 1035 and 1036, Kandrika, Payakapuram, Opp B.V. Subba Reddy School, NSB NTR Commissionerate. ...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 tomay be pleased to withdraw the FCOP.No.1388 of 2025 on the file of the Honble IV Additional District and Sessions Judge, Vijayawada and transfer the same to Honble V Additional District and Sessions-cum- Judge, Family VGKR,J TR.C.M.P.NO.98 OF 2026 Court at Visakhapatnam and to pass Prayer is amended as per C.O.dt 30/3/2026 in I.A.No.2/2026 IA NO: 1 OF 2026 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 withdraw the FCOP.No.1388 of 2025 on the file of the Hon’ble II Additional District Judge Court at Vijayawada and transfer the same to Hon’ble V Additional District Judge Court at Visakhapatnam and to pass IA NO: 2 OF 2026 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 permit the petitioner to amend the Paragraphs 8, 9, 10 and the Prayer in Tr.CMP.No.98 of 2026 in respect of the names of both the Courts i.e. IV Additional District and Sessions Judge, Vijayawada in which the FCOP.No.1388 of 2025 in the place of II Additional District Judge Court, Vijayawada and V Additional District and Sessions-cum- Judge, Family Court at Visakhapatnam in the place of V Additional District Judge Court at Visakhapatnam and pass Counsel for the Petitioner: 1. P VIJAYA KUMARI Counsel for the Respondent: 1. GOUSIA PYARI The Court made the following: VGKR,J TR.C.M.P.NO.98 OF 2026 THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 98/2026 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 transfer the F.C.O.P.No.1388 of 2025, on the file of the learned IV Additional District and Sessions Judge, Vijayawada, to the file of the learned V Additional District and Sessions Judge - Cum - Family Court, Visakhapatnam, for trial and disposal. 2. The case of the petitioner in brief is as follows: i. The petitioner is the legally wedded wife of the respondent/husband, and their marriage was solemnized on 20.02.2022 at Ravindra Convention Hall, Prakashnagar, Vijayawada, as per Hindu Marriage customs and rituals. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents’ house at Visakhapatnam and instituted two cases i.e., C.C.No.1977 of 2025 before the learned I Additional Chief Metropolitan Magistrate, Visakhapatnam, and VGKR,J TR.C.M.P.NO.98 OF 2026 D.V.C.No.121 of 2025 before the learned IV Additional Chief Metropolitan Magistrate, Visakhapatnam, and they are pending for adjudication. ii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed F.C.O.P.No.1388 of 2025, on the file of the learned IV Additional District and Sessions Judge, Vijayawada, seeking restitution of conjugal rights under Section 9 of Hindu Marriage Act, 1955 r/w Section 7 of the Family Courts Act, 1984, and the same is pending for adjudication. The petitioner further pleaded that the distance between Visakhapatnam and Vijayawada is more than 400 Kilometers it is very difficult for the petitioner/wife to appear before the learned IV Additional District and Sessions Judge, Vijayawada, on each and every adjournment without any male assistance, and that she is constrained to file this petition. 3. Per contra, learned counsel for the respondent/husband would contend that the respondent herein filed counter and denied all the allegations leveled by the petitioner in her affidavit and they sought for dismissal of this Civil Miscellaneous petition. VGKR,J TR.C.M.P.NO.98 OF 2026 4. Heard Smt.P.Vijaya Kumari, learned counsel for the petitioner/wife and Smt.Gousia Pyari, learned counsel for the respondent/respondent. 5. Perused the material available on record. 6. The material on record prima facie shows that, in view of the matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents’ house at Visakhapatnam and depending upon the mercy of her parents. The material on record further discloses that the respondent/husband filed F.C.O.P.No.1388 of 2025, on the file of the learned IV Additional District and Sessions Judge, Vijayawada, seeking restitution of conjugal rights under Section 9 of Hindu Marriage Act, 1955 r/w Section 7 of the Family Courts Act, 1984, and the same is 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 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 1 2022 LiveLaw (SC) 627 VGKR,J TR.C.M.P.NO.98 OF 2026 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 for the petitioner and in view of the ratio laid down in the aforesaid case law that, in matrimonial proceedings, the convenience of the wife has to be taken into consideration rather than the inconvenience of the husband and 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.1388 of 2025, on the file of the learned IV Additional District and Sessions Judge, Vijayawada. 9. Learned counsel for the respondent/husband submits that a direction may be given to transferee Court for expeditious disposal of the case. VGKR,J TR.C.M.P.NO.98 OF 2026 10. Learned counsel for the petitioner fairly conceded that petitioner/wife has no objection for speedy disposal of the restitution petition filed by the husband/respondent, which is now transferred to the transferee Court. 11. In the result, the present Transfer Civil Miscellaneous Petition is allowed, and F.C.O.P.No.1388 of 2025 on the file of the learned IV Additional District and Sessions Judge, Vijayawada, is hereby withdrawn and transferred to the file of the learned V Additional District and Sessions Judge - Cum - Family Court, Visakhapatnam. The learned IV Additional District and Sessions Judge, Vijayawada, shall transmit the case record in F.C.O.P.No.1388 of 2025, within three (3) days from the date of the receipt of a copy of this order, to the file of the learned V Additional District and Sessions Judge - Cum - Family Court, Visakhapatnam. 12. The learned V Additional District and Sessions Judge - Cum - Family Court, Visakhapatnam, is directed to dispose of the case in F.C.O.P.No.1388 of 2025 which is under orders of transfer to Visakhapatnam, within a period of nine (09) months from the date of appearance of both the parities. Both the parties VGKR,J TR.C.M.P.NO.98 OF 2026 are directed to appear before the learned V Additional District and Sessions Judge - Cum - Family Court, Visakhapatnam, on 08.05.2026 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 Note:Issue C.C.by 16.04.2026 B/o. Date: 15.04.2026 LSP VGKR,J TR.C.M.P.NO.98 OF 2026 60 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.98 of 2026 Note:Issue C.C.by 16.04.2026 B/o. Date: 15.04.2026 LSP