Andhra Pradesh High Court - Amravati
Addanki Parvathi Himabindu vs Addanki Sateesh Kumar on 6 February, 2025
APHC010510532024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3397]
(Special Original Jurisdiction)
THURSDAY ,THE SIXTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA
KRISHNA RAO
TRANS. CIVIL MISC.PETITION NO: 387/2024
Between:
Addanki Parvathi Himabindu ...PETITIONER
AND
Addanki Sateesh Kumar ...RESPONDENT
Counsel for the Petitioner:
1. P RAMJI
Counsel for the Respondent:
1. HARINADH NIDAMANURI
The Court made the following:
ORDER:
The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw the F.C.O.P.No.1396 of 2024, on the file of the Judge, Family Court at Visakhapatnam and transfer the same to the Senior Civil Judge Court at Kakinada, East Godavari District, for trial.
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 their marriage was performed on 31.12.2024 at TTD Kalyanamandapam, Samarlakota, East Godavari District, as per Hindu Rites and Caste Customs. During their wed-lock period, the petitioner/wife blessed with two (2) children and in view of the matrimonial disputes in between both the spouses; she has been residing along with children at her parents' house at Samarlakota. The petitioner/wife pleaded that she filed a Maintenance Case against the respondent/husband vide M.C.No.64 of 2024 on the file of the V Additional Judicial Magistrate of First Class at Kakinada, East Godavari District, under Section 125 of Cr.P.C., seeking monthly maintenance from the respondent/husband, the same is pending for adjudication. II. The petitioner/wife further pleaded that to cause unnecessary inconvenience to her, the respondent/husband has filed F.C.O.P.No.1396 of 2024, on the file of the Judge, Family Court at Visakhapatnam, under Section 13(1)(ia) of Hindu Marriage Act, 1955, seeking dissolution of the marriage and the same is also pending for adjudication. The petitioner/wife further contended that, the distance between Samarlakota and Visakhapatnam is more than 150 Kms, she being a women residing along with her two (2) children at her parents' house at Samarlakota, it is very difficult for her to travel from Samarlakota to Visakhapatnam to attend the divorce case proceedings which is filed by the respondent/husband herein before the Judge, Family Court at Visakhapatnam, on each and every adjournment without any male support and that she is seeking to withdraw the F.C.O.P.No.1396 of 2024, on the file of the Judge, Family Court at Visakhapatnam and transfer the same to the Senior Civil Judge Court at Kakinada, East Godavari District.
3. Heard learned counsel appearing on both sides on record.
4. The material on record prima facie goes to show that, the petitioner/wife has been residing separately along with her children at her parents' house at Samarlakota and she has instituted a Maintenance Case against the respondent/husband herein and the respondent/husband is also attending the case proceedings before the said Court at Kakinada. It is also a fact that that the respondent/husband has filed F.C.O.P.No.1396 of 2024, on the file of the Judge, Family Court at Visakhapatnam, under Section 13(1)(ia) of Hindu Marriage Act, 1955, seeking dissolution of the marriage. The contention of the learned counsel for the petitioner is that, the petitioner/wife is staying separately along with her two (2) children at her parents' house at Samarlakota, the distance between Samarlakota and Visakhapatnam is more than 150 kms, since the petitioner being a woman and depending upon her parents along with her children, it is very difficult for her to travel from Samarlakota to Visakhapatnam to attend the divorce case proceedings which is filed by the respondent/husband herein before the Judge, Family Court at Visakhapatnam, on each and every adjournment without any male support and that she was constrained to file the present transfer petition.
5. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.SaravanaKarthikSha1 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."
6. 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 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 of the petitioner/wife, seeking to withdraw the F.C.O.P.No.1396 of 2024, on the file of the Judge, Family Court at Visakhapatnam and transfer the same to the Principal Senior Civil Judge Court at Kakinada, East Godavari District.
7. In the result, the Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.1396 of 2024, on the file of the Judge, Family Court at 1 2022 LiveLaw (SC) 627 Visakhapatnam, is hereby withdrawn and transferred to the Principal Senior Civil Judge Court at Kakinada, East Godavari District. The learned Judge, Family Court at Visakhapatnam, shall transmit the case record in F.C.O.P.No.1396 of 2024 to the Principal Senior Civil Judge Court at Kakinada, East 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 this order. Both the parties are directed to appear before the Principal Senior Civil Judge Court at Kakinada, East Godavari District, on 24.03.2025, at 10:30 a.m. 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.
_______________________________ JUSTICE V.GOPALA KRISHNA RAO Date: 06.02.2025 CVD