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2026 DAILYLAW 6090 (AP)

Majji Symala @ Basi Rajeswari, v. Majji Yella Reddy,

TRCMP/188/2024 · 2026-07-23

A Hari Haranadha Sarma

body2026

Judgment text

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1 APHC010272602024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE 24th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANS. CIVIL MISC.PETITION NO: 188 OF 2024 Between: Majji Symala @ Basi Rajeswari,, W/o. Yellareddy, Occ: House wife, 36years, R/o. Main Street, Madhupam Village and Mandal, Srikakulam District. ...Petitioner AND Majji Yella Reddy, S/o. Yella Reddy Occ Railway Kalasee, aged 46 years, R/o. D.No. 31-01-52, Ammavari Street, AJlipuram, Visakhapatnam Town and District. ...Respondent Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed there with,the High Court may be pleased to withdraw and transfer the F.C.O.P.No. 2213/2023 on the file of the Hon'ble court of Additional Family Judge Cum Vth Additional District Judge, Visakhapatnam to Senior Civil Judge Court, Rajam, Srikakulam District or any other competent Court and pass IA NO: 1 OF 2024 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 for all further proceedings in F.C.O.P.No.2213/2023 2 on the file of the Hon'bIe court of Additional Family Judge Cum Vth Additional District Judge, Visakhapatnam, and pass Counsel for the Petitioner: CHINNALA PRAVEEN Counsel for the Respondent BHASKARA RAO ALLUMURU The Court made the following order: 3 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA Tr.C.M.P.No.188 of 2024 ORDER: The petitioner herein is the respondent in F.C.O.P. No.2213 of 2023 on the file of the Court of II Additional Family Judge, Visakhapatnam. Respondent herein is her husband. He has filed F.C.O.P.No. 2213 of 2023 with a prayer for restitution of conjugal rights and the same is pending before the II Additional Family Court, Visakhapatnam. Present application is filed seeking to withdraw and transfer of the said case to the Court of Senior Civil Judge, Rajam, Srikakulam District or any other competent Court. 2. The grounds on which the petitioner is seeking are that, she is residing with her parents at Madhupam village and Mandal, Srikakulam District and she is prosecuting a case in Crime No.160 of 2023 and also M.C.No.10 of 2023 on the file of Civil Judge(Junior Division), Ponduru. The distance between her village and Visakhapatnam is 121 Kms and she has two children. She has neither financial nor physical support from anyone. Therefore, present application has been filed to transfer the case in F.C.O.P.No.2213 of 2023. 3. Though counter filed for the respondent, none appeared on 18.10.2024, 14.07.2026, 22.07.2026 and today i.e. on 23.07.2026, for the respondent. 4 4. The respondent/husband has opposed the application in his counter contending that the petition allegations are incorrect and the petitioner herself left the matrimonial home without any justifiable cause. The reason for matrimonial dispute is due to the petitioner’s demand to accept the respondent as Illarikam Alludu. 5. Upon considering the respective rival contentions in the pleadings, and in the facts and circumstances of the case, the prayer sought for in the petition is found convincing. 6. Accordingly, the Transfer Civil Miscellaneous Petition is allowed as follows: (i) The F.C.O.P. No.2213/2023 on the file of the Court of II Additional Family Judge, at Visakhapatnam is hereby withdrawn and transferred to the Court of the Senior Civil Judge, Rajam, Srikakulam District. (ii) The learned II Additional Family Judge, Visakhapatnam, shall transmit the case record in F.C.O.P. No.2213/2023 to the Court of Senior Civil Judge, Rajam, Srikakulam District, 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. 5 (iii) The learned II Additional Family Judge, Visakhapatnam, is directed to dispose of the case in accordance with law, after affording a fair opportunity of hearing to both parties. (iv). The learned II Additional Family Judge, Visakhapatnam may explore the possibility of settlement before proceeding with the trial. (v). There shall be no order as to costs. 7. Consequently, miscellaneous petitions, if any, shall stand closed. The Interim Order granted, if any, shall stand vacated. ____________________________ A. HARI HARANADHA SARMA, J Date: 24.07.2026 Pnr 6 HON’BLE SRI JUSTICE A. HARI HARANADHA SARMA Tr.C.M.P.No.188 of 2024 24th July, 2026 Pnr