1. The petitioner/husband herein filed the present petition under Section 447 of Bharatiya Nagarik Suraksha Sanhita, 2023(for short, ‘the B.N.S.S.’), seeking to transfer M.C.No.1304 of 2025, on the file of learned Judge, Family Court, Visakhapatnam to the learned Senior Civil Judge, Ramachandrapuram, for trial and disposal.

2. The case of the petitioner, in brief, is as follows:

                  i. The petitioner is the legally wedded husband of the respondent/wife, and their marriage was solemnized on 10.02.2023 at Annavaram, Sri Satyanarayanaswami Varu Devasthanam, in the presence of elders from both sides, as per Hindu customs and rites. Thereafter, due to matrimonial disputes between the parties, the respondent/wife along with her minor child, has been residing separately in her parents’ house at Visakhapatnam. The petitioner filed H.M.O.P.No.100 of 2025, on the file of learned Senior Civil Judge, Ramachandrapuram, East Godavari District, under Section 9 of Hindu Marriage Act, 1955, seeking restitution of conjugal rights.

                  ii. The petitioner further pleaded that the respondent/wife, in order to cause inconvenience to the petitioner, filed M.C.No.1304 of 2024, on the file of learned Judge, Family Court, Visakhapatnam, and the same is pending for adjudication. The petitioner further pleaded that petitioner is a physically handicapped person and due to his disability he is unable to travel long distances and that he is constrained to file this petition.

3. Heard the learned counsel on both sides.

4. Learned counsel for the petitioner contended that the petitioner is a handicapped person suffering from 76% disability and, in proof thereof, a copy of the disability certificate issued by the Government of Andhra Pradesh has been filed. He further contended that, due to his physical disability, the petitioner is unable to travel at a distance of more than two hundred kilometers to attend the Court proceedings before the learned Judge, Family Court, Visakhapatnam.

5. On the other hand, the learned counsel for the respondent contended that the respondent is currently residing at Visakhapatnam along with her one-year-old child and is entirely dependent on her parents for her livelihood. It was further contended that it would be very difficult for the respondent to appear before the learned Senior Civil Judge, Ramachandrapuram, which is situated at a distance of more than 200 kilometers from Visakhapatnam. Accordingly, prayed for dismissal of the present transfer petition.

6. Perused the material available on record.

7. The material on record prima facie shows that the respondent is residing separately at her parents’ house along with her one-year-old child and is dependent upon her parents. The petitioner is residing at Biccavolu Village, East Godavari District, and is working as a Secondary Grade Teacher. As evident from the disability certificate, the petitioner is suffering from 76% disability. However, the respondent/wife has instituted M.C.No.1304 of 2025 before the learned Judge, Family Court, Visakhapatnam, seeking maintenance from the husband for herself and her minor male child, with a specific plea that they are unable to maintain themselves and the petitioner is an employee. In such a case, if the present transfer Criminal Petition is transferred from the Family Court, Visakhapatnam, to the Court at Ramachandrapuram, it is very difficult for her to appear before the said Court, which is situated at a distance of more than 200 Kms from Visakhapatnam.

9. Considering the submissions of learned counsel for the petitioner, that the petitioner herein is a handicapped person with 76% disability, it would be difficult for the petitioner to appear before the Family court at Visakhapatnam on each and every date of adjournment, therefore his personal appearance before the Family Court at Visakhapatnam has been dispensed with in M.C.No.1304 of 2025, except on the days when his presence is required before the said Court.

10. For the aforesaid reasons, I do not find any grounds to consider the request of the petitioner to transfer M.C.No.1304 of 2025, on the file of learned Judge, Family Court, Visakhapatnam, to the file of the learned Senior Civil Judge, Ramachandrapuram.

11. In the result, this Transfer Criminal Petition is disposed of. The learned Judge, Family Court, Visakhapatnam, is hereby directed not to insist upon the personal appearance of the petitioner herein, i.e., the respondent in M.C.No.1304 of 2025, as long as his counsel on record is attending the Court proceedings and representing the case, except on the day when his cross-examination is required to be recorded or on any other day when his personal appearance is required, as directed by the learned Judge, Family Court, Visakhapatnam.

As a sequel, miscellaneous petitions, if any pending and the Interim Order granted earlier, if any, shall stand closed.