(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. 25 of 2025 on the file of Hon hie Family Court, Vizianagaram and pray this Honhle Court to transfer the same to any competent court at Visakhapatnam more precisely Honhle Family Court, Visakhapatnam and

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 stay of all further proceedings in F.C.O.P.No. 25 of 2025 including physical appearance before the Hon’ble Family Court, Vizianagaram, pending disposal of the above said case and pass)

1. The petitioner/wife herein has filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking for withdrawal of F.C.O.P.No.25 of 2025 on the file of the Judge, Family Court, Vizianagaram, and transfer the same to the file of the Judge, Family Court at Visakhapatnam, for trial and disposal of the same.

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

                  I. The petitioner is none other than the wife of the respondent/husband and due to the matrimonial disputes between both the parties; the petitioner/wife has been residing separately and working as a software engineer at Hyderabad.

                  II. The petitioner/wife further pleaded that to cause inconvenience and to harass her, the respondent/husband herein had filed a petition vide F.C.O.P.No.25 of 2025, on the file of the Judge, Family Court, Vizianagaram, under Section 9 of Hindu Marriage Act, 1955, seeking restitution of conjugal rights, the same is pending for adjudication. She further pleaded that, she is staying at Hyderabad, Telangana State and the distance between Hyderabad and Vizianagaram is approximately more than 650Kms, since the petitioner being a women and residing separately at Hyderabad, it is very difficult for her to travel from Hyderabad to Vizianagaram, to attend the Court proceedings and that she was constrained to file the present transfer petition.

3. Learned counsel for the respondent on record submitted that the petitioner/wife herein is not residing either at Visakhapatnam or at Vizianagaram, at present, she is residing at Hyderabad and working as a software engineer. He further submitted that even if the said matter, i.e., F.C.O.P.No.25 of 2025, is transferred from Srikakulam to Visakhapatnam, the purpose would not be served. Learned counsel for the respondent further contended that there are no valid grounds to consider the request made by the petitioner/wife herein and that the present Transfer Civil Miscellaneous Petition is liable to be dismissed.

4. Learned counsel for the petitioner submitted that, if this Court is inclined to dismiss the present Transfer Civil Miscellaneous Petition filed by the petitioner/wife, the personal appearance of the petitioner/wife herein may be dispensed with in F.C.O.P.No.25 of 2025, before the Judge, Family Court, Vizianagaram.

5. Heard Sri V. Surendra Reddy, learned counsel for the petitioner and Sri Saripalli Subrahmanyam, learned counsel for the respondent.

6. Perused the material available on record.

7. No doubt in a matrimonial matters, the convenience of the wife has to be taken into consideration than that of inconvenience caused to the husband.

                  Moreover, the petitioner/wife who approached this Court by way of filing transfer civil miscellaneous petition is currently residing at Hyderabad and requested this Court to transfer the said F.C.O.P.No.25 of 2025, from the file of the Judge, Family Court, Vizianagaram, to the file of the Judge, Family Court, Visakhapatnam. It is not the case of the petitioner that she is currently residing at Visakhapatnam.

8. On considering the facts and circumstances of the case, I am of the considered view that, there are no valid grounds to consider the request made by the petitioner. Further, upon considering the submissions made by the learned counsel for the petitioner that the petitioner/wife herein is currently residing at Hyderabad and working as a software engineer, and therefore, the personal appearance of the petitioner herein is not at all required on each and every date of adjournment in F.C.O.P. No. 25 of 2025, before the Judge, Family Court, Vizianagaram.

9. With the above observations, the Transfer Civil Miscellaneous Petition is disposed of. The learned Judge, Family Court, Vizianagaram, is hereby directed not to insist upon the personal appearance of the petitioner/wife herein i.e. respondent in F.C.O.P.No.25 of 2025, as long as her 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 her cross-examination is required to be recorded or on any other day when her personal appearance is required as directed by the learned Judge, Family Court, Vizianagaram. 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.