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2025 DIGILAW 830 (AP)

Vinjarapu @ Veerni Nalini Kantheswari, W/o. Vinjarapu Siva Kumar v. Vinjarapu Siva Kumar, S/o. Veera Brahmam

2025-07-07

V.GOPALA KRISHNA RAO

body2025
ORDER: 1. Today when the matter has been listed under the caption ‘for orders’, there was no representation on behalf of the respondent. 2. The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking for transfer of H.M.O.P.No.21 of 2025 on the file of the Senior Civil Judge Court at Ramachandrapuram, East Godavari District, to the file of the XIV Additional District and Sessions Judge-cum-Additional Family Court, Vijayawada Krishna District, for trial. 3. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent and the marriage of the petitioner with the respondent was performed in the presence of their elders and family members on 18.10.2017, at Vijayawada, as per the Hindu Rites and Caste Customs. After that, due to the matrimonial disputes betweenboth the spouses,the petitioner/wifehas been residing separately at her parents’ house at Vijayawada, Krishna District and depending upon the mercy of her parents. The petitioner/wife pleaded that in view of the harassment made by the respondent/husband, she lodged a complaint against the respondent and his family members, dated 11.12.2024, in F.I.R.No.128 of 2024, under Section 85 of B.N.S. Act, 2023 and under Section 3 & 4 of the Dowry Prohibition Act, 1961, before Mahila Police Station, I Vijayawada. After completion of investigation, it has been numbered as C.C.No.2713 of 2021 on the file of the II Additional Chief Metropolitan Magistrate, Vijayawada, the same is pending for adjudication. The petitioner/wife further pleaded that she filed a Maintenance Case vide F.C.O.P.(MC)No.153 of 2025 on the file of the XIV Additional District and Sessions Judge-cum-Additional Family Court, Vijayawada, Krishna District, under Section 144 of B.N.S.S. Act, 2023, seeking monthly maintenance and she also filed a Domestic Violence Case vide D.V.C.No.346 of 2023 on the file of the I Additional Chief Metropolitan Magistrate Court at Vijayawada, Krishna District. II. The learned counsel for the petitioner would further contend that to cause inconvenience to the petitioner/wife, the respondent/husband had filed H.M.O.P.No.21 of 2025 on the file of the Senior Civil Judge Court at Ramachandrapuram, East Godavari District, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage. III. II. The learned counsel for the petitioner would further contend that to cause inconvenience to the petitioner/wife, the respondent/husband had filed H.M.O.P.No.21 of 2025 on the file of the Senior Civil Judge Court at Ramachandrapuram, East Godavari District, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage. III. Learned counsel for the petitioner would further contended that the petitioner being a woman and depending upon the mercy of her parents, it is very difficult for her to travel to attend the divorce case proceedings which is situated at a distance of more than 200 Kms from Vijayawada to Ramachandrapuram without any male assistance and that she was constrained to file the present petition against the respondent/husband VGKR, J Tr.C.M.P.No.101 of 2025 Dated 07.07.2025 seeking for transfer of H.M.O.P.No.21 of 2025 on the file of the Senior Civil Judge Court at Ramachandrapuram, East Godavari District, to the file of the XIV Additional District and Sessions Judge-cum-Additional Family Court, Vijayawada Krishna District. 4. Heard learned counsel for the petitioner. 5. Though the matter has been listed under the caption ‘for orders’, there is no representation on behalf of respondent. 6. Perused the material available on record. 7. The material on record prima facie goes to show that in view of the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately at her parents’ house at Vijayawada, Krishna District. The petitioner/wife filed three (3) cases against the respondent/husband herein i.e.. Criminal case under Section 85, of B.N.S. Act, 2023, before the Vijayawada Police Station and filed a F.C.O.P.(MC)No.153 of 2025 on the file of the XIV Additional District and Sessions Judge-cum-Additional Family Court, Vijayawada, Krishna District, under Section 144 of B.N.S.S. Act, 2023, seeking monthly maintenance and she also filed a Domestic Violence Case vide D.V.C.No.346 of 2023 on the file of the I Additional Chief Metropolitan Magistrate Court at Vijayawada, Krishna District and all the aforesaid cases are pending for adjudication against the respondent/husband and the respondent/husband also attending the case proceedings before the competent Courts at Vijayawada. The material on record further reveals that the VGKR, Tr.C.M.P.No.101 of 2025 Dated 07.07.2025 respondent/husband had filed H.M.OP.No.21 of 2025 on the file of the Senior Civil Judge Court at Ramachandrapuram, East Godavari District, under Section 13(1)(ia)(ib) of the Hindu Marriage Act. The material on record further reveals that the VGKR, Tr.C.M.P.No.101 of 2025 Dated 07.07.2025 respondent/husband had filed H.M.OP.No.21 of 2025 on the file of the Senior Civil Judge Court at Ramachandrapuram, East Godavari District, under Section 13(1)(ia)(ib) of the Hindu Marriage Act. 1955, seeking for dissolution of the marria and the same is also 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 principle for exercise ofpower under Section 24 of the Code of Civil Procedure is that the ends ofjustice 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 for the petitioner and in view of the ratio laid down in the aforesaid case laws that in matrimonial proceedings, the convenience of the wife has to be considered 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 transfer of H.M.O.P.No.21 of 2025 on the file of the Senior Civil Judge Court at Ramachandrapuram, East Godavari District, to the file of the XIV Additional District and Sessions Judge-cum-Additional Family Court, Vijayawada Krishna District. 11. Therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, seeking for transfer of H.M.O.P.No.21 of 2025 on the file of the Senior Civil Judge Court at Ramachandrapuram, East Godavari District, to the file of the XIV Additional District and Sessions Judge-cum-Additional Family Court, Vijayawada Krishna District. 11. In the result, the present Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.21 of 2025 on the file of the Senior Civil Judge Court at Ramachandrapuram, East Godavari District, is hereby withdrawn and transferred to the file of the XIV Additional District and Sessions Judge-cum-Additional Family Court, Vijayawada Krishna District. The Senior Civil Judge Court at Ramachandrapuram, East Godavari District, shall transmit the case record in H.M.O.P.No.21 of 2025, to the file of the XIV Additional District and Sessions Judge- cum-Additional Family Court, Vijayawada Krishna 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. 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.