(Prayer: 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. 454 of 2025 on the file of the Court Principal Family Judge at Vijayawada and transfer to the court of the Civil Judge (senior division Court at Tanuku, and pass such other order or order as are deemed to fit and proper in the circumstances of the case, as otherwise, the petitioner will suffer irreparable loss and injury.

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. 454 of 2025 on the file of the Court Principal Family Judge at Vijayawada and pass)

1. 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.454 of 2025 on the file of the Principal Family Judge at Vijayawada, Krishna District and transfer the same to the file of the Senior Civil Judge Court at Tanuku, West Godavari District, for trail and disposal of the same.

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

                  I. The petitioner is the legally wedded wife of the respondent and their marriage was solemnized on 25.08.2021, in the presence of both side elders and well-wishers at Mullapudi Harischandra Prasad Kamma Kalyana Mandapam, Tanuku, as per the Hindu Rites and Caste Customs. After that, due to the matrimonial disputes, the petitioner/wife has been residing separately in her parents‟ house at Tanuku, West Godavari District.

                  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.454 of 2025 on the file of the Principal Family Judge at Vijayawada, Krishna District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955 and Section 7 of the Family Courts Act, seeking for dissolution of the marriage and the same is pending for adjudication.

                  III. Learned counsel for the petitioner would contend that the petitioner, being a woman, has been residing separately and is depending upon the mercy of her parents at Tanuku. The distance between Tranuku and Vijayawada is more than 130Kms, and it is very difficult for her to travel to attend the divorce case proceedings filed by the respondent/husband before the Court at Vijayawada without any male assistance, and that she was constrained to file the present petition against the respondent/husband, seeking for withdrawal of F.C.O.P.No.454 of 2025 on the file of the Principal Family Judge at Vijayawada, Krishna District, and transfer the same to the file of the Senior Civil Judge Court at Tanuku, West Godavari District, for trail and disposal of the same.

3. Learned counsel for the respondent would contend that there are no merits in the present petition filed by the petitioner/wife and that the present Transfer Civil Miscellaneous Petition is liable to be dismissed.

4. Learned counsel for the respondent further contended that except the case in F.C.O.P.No.454 of 2025, there are no other cases pending between the parties either at Vijayawada or at Tanuku. He further submitted that the mother of the respondent/husband is an aged person suffering from old age ailments and is under medical treatment at Vijayawada and in case, if this Court is inclined to transfer the case from Vijayawada to Tanuku, the personal appearance of the respondent/husband before the transferee Court may be dispensed with.

5. Heard learned counsel appearing on both sides on record.

6. Perused the material available on record.

7. The material on record prima facie goes to show that, due to the matrimonial disputes between the spouses, the petitioner/wife has been residing separately and depending upon the mercy of her parents at Tanuku. The respondent/husband had filed a divorce petition against the petitioner/wife herein vide F.C.O.P.No.454 of 2025 on the file of the Principal Family Judge at Vijayawada, Krishna District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955 and Section 7 of the Family Courts Act, seeking for dissolution of the marriage and the same is pending for adjudication.

8. The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER HEERA((2000) 10 SCC 304), 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 SHA(2022 LiveLaw (SC) 627), held as follows:

                  “9. The cardinal principles 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 appearing for both sides and in view of the ratio laid down by the aforesaid case laws and on considering the facts and circumstances of the present case that in matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience of 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.454 of 2025 on the file of the Principal Family Judge at Vijayawada, Krishna District, and transfer the same to the file of the Senior Civil Judge Court at Tanuku, West Godavari District. Further, on considering the submissions made by the learned counsel for the respondent that except the case in F.C.O.P.No.454 of 2025, which is pending before the Principal Family Judge, Vijayawada, there are no other cases pending between the parties either at Tanuku or at Vijayawada, therefore, it is desirable to dispense with the personal appearance of the respondent/husband herein i.e., the petitioner in F.C.O.P.No.454 of 2025 on the file of the Principal Family Judge at Vijayawada, Krishna District, before the transferee Court, except on the days when his personal appearance is required before the said Court as per law.

11. In the result, the Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.454 of 2025 on the file of the Principal Family Judge at Vijayawada, Krishna District, is hereby withdrawn and transferred to the file of the Senior Civil Judge Court at Tanuku, West Godavari District. The learned Principal Family Judge at Vijayawada, Krishna District, shall transmit the case record in F.C.O.P.No.454 of 2025, to the file of the Senior Civil Judge Court at Tanuku, West Godavari District, duly indexed as expeditiously as possible preferably within a period of one (01) week from the date of receipt of a copy of the order. The transferee Court i.e., learned Senior Civil Judge Court at Tanuku, West Godavari District, is hereby directed not to insist for the personal appearance of the respondent herein i.e., the petitioner in F.C.O.P.No.454 of 2025, as long as his counsel is attending the Court proceedings and representing the case except on the day when re-conciliation proceedings are being taken up or 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 Senior Civil Judge Court at Tanuku, West Godavari District. 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.