Garikapati Sai Hima Sreeja W/o Nagendra P. B. Kadapa v. Nagendra P. B. Kadapa S/o Subbaraidu
2025-08-05
VENUTHURUMALLI GOPALA KRISHNA RAO
body2025
DigiLaw.ai
ORDER : 1. Today when the matter has been taken up for hearing, learned counsel for the petitioner has represented that the proof of service Memo has been field before the Registry, dated 25.07.2025, along with the postal Track Consignment Sheet downloaded from the Postal Department Website and the same is placed on the record. As per the track consignment sheet, the Registered Notice sent to the respondent was served on him on 14.07.2025. None appeared for the respondent. Therefore ‘service held sufficient’. 2. 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.377 of 2024 on the file of the Judge, Family Court-cum-VI Additional District Judge, Nellore, S.P.S.R. Nellore District and transfer the same to the file of the Additional Family Court-cum-XIV Additional District Judge, Vijayawada, Krishna District, for joint trial and disposal along with the F.C.O.P.No.1465 of 2022. 3. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent/husband and their marriage was performed on 13.03.2020, at NAC Kalyana Mandapam, Gurunanak Colony, Vijayawada, Krishna District, as per the Hindu Rites and Caste Customs. During their wedlock period, the petitioner/wife and the respondent/husband were blessed with one (1) female child and later, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her female child aged about four (4) years at her parents’ house at Vijayawada, Krishna District. The petitioner/wife pleaded that she filed a Maintenance Case vide F.C.O.P.No.1465 of 2022 on the file of the Additional Family Court-cum-XIV Additional District Judge, Vijayawada, Krishna District, Vijayawada, under Section 125(1) Cr.P.C. seeking monthly maintenance from the respondent/husband and the same is pending for adjudication. II. Learned counsel for the petitioner would further contend that to cause inconvenience to the petitioner/wife, the respondent/husband had filed F.C.O.P.No.377 of 2024 on the file of the Judge, Family Court-cum-VI Additional District Judge, Nellore, S.P.S.R. Nellore District, under Section 9 of the Hindu Marriage Act, 1955, r/w Section 7 of Family Courts Act, 1984, seeking restitution of conjugal rights and the same is also pending for adjudication. III.
III. Learned counsel for the petitioner would further contended that the petitioner being a woman and also residing separately along with her child aged about four (4) years and depending upon the mercy of her parents at Vijayawada, it is very difficult for her to travel to attend the case proceedings before the Court at Nellore, which is situated at a distance of more than 200 Kms from Vijayawada to Nellore 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.377 of 2024 on the file of the Judge, Family Court-cum-VI Additional District Judge, Nellore, S.P.S.R. Nellore District and transfer the same to the file of the Additional Family Court-cum-XIV Additional District Judge, Vijayawada, Krishna District. 4. Heard learned counsel for the petitioner. 5. Though registered notice sent to the respondent was served on him, none appeared for the respondent. Therefore, ‘service held sufficient’. 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 along with her female child aged about 4 years and depending upon the mercy of her parents at Vijayawada and she has instituted a Maintenance Case vide F.C.O.P.No.1465 of 2022, on the file of the Additional Family Court-cum-XIV Additional District Judge, Vijayawada, Krishna District, Vijayawada, under Section 125(1) Cr.P.C. seeking monthly maintenance from the respondent/husband and the same is pending for adjudication. The material on record further reveals that the respondent/husband had filed F.C.O.P.No.377 of 2024 on the file of the Judge, Family Court-cum-VI Additional District Judge, Nellore, S.P.S.R. Nellore District, under Section 9 of the Hindu Marriage Act, 1955, r/w Section 7 of Family Courts Act, 1984, seeking restitution of conjugal rights and the same is also pending for adjudication. 8. 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 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.
8. 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 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.” 9. On considering the submissions made by the learned counsel for the petitioner and in view of the ratio laid down in the aforesaid case law 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 withdrawal of F.C.O.P.No.377 of 2024 on the file of the Judge, Family Court-cum-VI Additional District Judge, Nellore, S.P.S.R. Nellore District and transfer the same to the file of the Additional Family Court-cum-XIV Additional District Judge, Vijayawada, Krishna District. 10. In the result, the present Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.377 of 2024 on the file of the Judge, Family Court-cum-VI Additional District Judge, Nellore, S.P.S.R. Nellore District, is hereby withdrawn and transferred to the file of the Additional Family Court-cum-XIV Additional District Judge, Vijayawada, Krishna District. The learned Judge, Family Court-cum-VI Additional District Judge, Nellore, S.P.S.R. Nellore District, shall transmit the case record in F.C.O.P.No.377 of 2024, to the file of the Additional Family Court-cum-XIV Additional District Judge, 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.