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2025 DIGILAW 855 (AP)

Arza Venkata Leela Teja Alias Chegondi Venkata Leela Teja, Alias Chegondi Venkata Leela Teja, W/O. Jaideep Arza v. Jaideep Arza, S/o. Giridhara Rao Arza

2025-07-11

VENUTHURUMALLI GOPALA KRISHNA RAO

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ORDER : VENUTHURUMALLI GOPALA KRISHNA RAO, J. 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.990 of 2024 on the file of the Judge, Family Court, Vijayawada, Krishna District and transfer the same to the Senior Civil Judge, Narsapur, West Godavari District, for trial. 2. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent/husband and the marriage of the petitioner with the respondent wassolemnized on 09.03.2012, at Sri Ramachandra Gardens, Palakol, West Godavari District, as per the Hindu Rites and Caste Customs. During their wedlock period, the petitioner/wife and respondent/husband were blessed with a daughter and later, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her daughter aged about ten (10) years at Palakol and depending upon the mercy of her father at Palakol, West Godavari District and the mother of the petitioner/wife is no more. The daughter of the petitioner/wife is prosecuting her studies at Palakol. II. The petitioner/wife further pleaded that to cause inconvenience and to harass her, the respondent/husband had filed F.C.O.P.No.990 of 2024 on the file of the Judge, Family Court, Vijayawada, Krishna District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is pending for adjudication. III. The petitioner/wife further pleaded that she being a woman, residing separately along with her daughter aged about ten (10) years at her father?s house at Palakol, West Godavari District, it is very difficult for her to travel which is situated at a distance of more than 160 Kms from Palakol, West Godavari District to Vijayawada to attend the divorce case proceedings on each and every adjournment without any male assistance and that she was constrained to file the present petition seeking for withdrawal of F.C.O.P.No.990 of 2024 on the file of the Judge, Family Court, Vijayawada, Krishna District and transfer the same to the Senior Civil Judge, Narsapur, West Godavari District. 3. Learned counsel for the respondent fairly represented before this Court that, they are not opposing the transfer of the present case but the case may be transferred to neutral place other than Narsapur. 3. Learned counsel for the respondent fairly represented before this Court that, they are not opposing the transfer of the present case but the case may be transferred to neutral place other than Narsapur. He would further contend that the apprehension of the respondent/husband is that he is having a life threat from the hands of the petitioner and from her family members. It is well settled that mere apprehension of threat is not a ground for seeking transfer of case from one place to another place. 4. Learned counsel for the petitioner would contend through virtual mode that in case, if the matter has been transferred to neutral place other than Narsapur, the petitioner/wife herein will face much difficulties, because her mother is no more and she is residing at her father?s house along with her daughter aged about ten (10) years, who is prosecuting her studies and depending upon the mercy of her grandfather at Palakol, West Godavari District and that the present case may be transferred to the Senior Civil Judge, Narsapur, West Godavari District. 5. It was also brought to the notice of this Court by the learned counsel appearing on both sides that there are no other pending cases between both the parties, except the Divorce Petition filed by the respondent/husband herein against the petitioner/wife i.e., F.C.O.P.No.990 of 2024, which is pending before the Judge, Family Court, Vijayawada, Krishna District. 6. Learned counsel for the respondent placed a reliance in a case of Anju Vs. Promod Kumar , [ (2005) 11 SCC 186 ] 7. Heard learned counsel appearing on both sides on record. 8. Perused the material available on record. 9. The material on record prima facie goes to show that, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her daughter aged about ten (10) years at Palakol and depending upon the mercy of her father at Palakol, West Godavari District. Furthermore, the material on record discloses that the respondent/husband has instituted F.C.O.P.No.990 of 2024 on the file of the Judge, Family Court, Vijayawada, Krishna District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage, which is presently pending for adjudication. 10. Furthermore, the material on record discloses that the respondent/husband has instituted F.C.O.P.No.990 of 2024 on the file of the Judge, Family Court, Vijayawada, Krishna District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage, which is presently pending for adjudication. 10. 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.” 11. 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.” 12. 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.” 12. 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 lawsand on considering the facts and circumstances of the casethat in matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience of the husband and petitioner/ wife has been staying along with daughter aged about ten (10) years at her father?s house at Palakol, the daughter of the petitioner and respondent aged about ten (10) years, prosecuting her studies at Narsapur, therefore, it is very difficult for the petitioner to travel from Palakol to Vijayawada which is situated nearly at about 160 kms along with her daughter, 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.990 of 2024 on the file of the Judge, Family Court, Vijayawada, Krishna District and transfer the same to the Senior Civil Judge, Narsapur, West Godavari District. Further, on considering the submissions made by the learned counsel for the respondent, that except this case there are no other cases in between both the parties and therefore, it is desirable to dispense with the personal attendance of the respondent/husband herein i.e., the petitioner inF.C.O.P.No.990 of 2024 on the file of the Judge, Family Court, Vijayawada, Krishna District, before the transferee Court, except on the days when his personal appearance is required before the said Court as per law. 13. In the result, the Transfer Civil Miscellaneous Petition is allowed and F.C.O.P.No.990 of 2024 on the file of the Judge, Family Court, Vijayawada, Krishna District, is hereby withdrawn and transferred to the Senior Civil Judge, Narsapur, West Godavari District. The learned Judge, Family Court, Vijayawada, Krishna District, shall transmit the case record in F.C.O.P.No.990 of 2024, to the Senior Civil Judge, Narsapur, West Godavari District, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of the order. The learned Judge, Family Court, Vijayawada, Krishna District, shall transmit the case record in F.C.O.P.No.990 of 2024, to the Senior Civil Judge, Narsapur, West Godavari District, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of the order. Further the personal attendance of the respondent/husband i.e., the petitioner in F.C.O.P.No.990 of 2024 on the file of the Judge, Family Court, Vijayawada, Krishna District, has been dispensed with before the transferee Court i.e., Senior Civil Judge, Narsapur, West Godavari District. Both the parties are directed to appear before the Senior Civil Judge, Narsapur, West Godavari District, on 18.08.2025, at 10.30 a.m. Later, the learned Senior Civil Judge, Narsapur, West Godavari District, is hereby directed not to insist for the personal appearance of the respondent herein i.e., the petitionerinF.C.O.P.No.990 of 2024, as long as his counsel on record 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 hiscross-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, Narsapur, 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.