Andhra Pradesh High Court - Amravati
Karyampudi Uddani Krishna Tejaswi ... vs Karyampudi Bhaskar Rao on 23 June, 2025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATJ
MONDAY. THE TWENTY THIRD DAY OF JUNE
TWO THOUSAND AND TWENTY FIVE
PRESENT
HONOURABLE SRI JUSTICE V.GOPALA KRISHNA RAO
TRANS. CIVIL MISC.PETITION NO: 154 OF 2025
Between:
Karyampudi @ Uddani Krishna Tejaswi @ Lakshmi Tejaswi, W/o Bhaskara
Rao, D/o Uddanti Narayana Rao, aged about 28 Years, Working as a Private
Employee, R/o. Door No 81-1-129, 0/3 Nallacheruvu, Guntur, Andhra Pradesh
- 522003 Cell No 8886046950
...PETITIONER/ RESPONDENT
AND
Karyampudi Bhaskar Rao, S/o Karyampudi Veeranjaneyulu, R/o. Door No. 3-
70, Padmashali Bazar, Valaparla, Bapatia District, Andhra Pradesh - 523260
...RESPONDENT/ PETITIONER
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 to transfer H.M.O.P No.20 of 2025 pending on the file of Hon'ble
Senior Civil Judge, Addanki, Prakasam District to the Hon'ble Family Court
Judge, Guntur, Guntur District
Counsel for the Petitioner : SRI VENKATA MOHAN RAO PATHAKOTA
Counsel for Respondent :™
The
niade the following Order:
THE HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO
TRANSFER CIVIL MISCELLANEOUS PETITION No.154 of 2025
ORDER:
« Today when the matter has been taken up for hearing, learned counsel for the petitioner has represented that the proof of service Memo dated 16.06.2025, along with the postal track consignment sheet downloaded from the Postal Department Website has been filed before the Registry 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 28.05.2025. Therefore, 'service held sufficient'. None appeared for the respondent.
2. The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of H.M.O.P.No.20 of 2025 on the file of the Senior Civil Judge, Addanki, Prakasam District, to the Judge, Family Court, Guntur, 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 their marriage was performed on 06.12.2020, at Padmashali Kalyana Mandapam, Valaparla, Bapatia District, as per the Hindu Rites and Caste Customs. During their wedlock period, the petitioner/wife and the respondent/husband were blessed with a female child on 18.08.2022. After that, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately , VGKR, J Tr.C.M.P.No.154 of 2025 Dated 23.06.2025 along with her female child aged about three (3) years at her parents' house at Guntur, Guntur 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 25.08.2024, in F.I.R.No.142 of 2024, under Sections 85, 351(2) B.N.S. Act, 2023, and Sections 3 & 4 of the Dowry Prohibition Act, 1961 before the Disha Women Police Station, Guntur, the same is pending for investigation and she also filed a Maintenance Case vide F.C.O.P.(M.C)No.24 of 2025 on the file of the XII Additional District Judge-cum-Family Judge, Guntur, under Section 144 of B.N.S.S. Act, 2023, seeking monthly maintenance and the same is pending for adjudication against the respondent/husband.
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.20 of 2025 on the file of the Senior Civil Judge, Addanki, under Order VI Rule 15(4) of Code of Civil Procedure, 1908, seeking restitution of conjugal rights and the same is also pending for adjudication. III. Learned counsel for the petitioner would further contended that the petitioner being a woman, depending upon the mercy of her parents along with her daughter aged about 3 years, it is very difficult for her to travel at a distance of more than 100 Kms from Guntur to Addanki, without any male assistance and that she was constrained to file the present petition against the 3 ^ ^ VGKR, J Tr.C.M.P.No.154 of 2025 Dated 23.06.2025 respondent/husband seeking transfer of H.M.O.P.No.20 of 2025 on the file of the Senior Civii Judge, Addanki Prakasam District, to the Judge, Family Court at Guntur, Guntur 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 Pnma facie
goes to show that in view of the
matrimonial disputes between both the
spouses, the petitioner/wife has been
-,d,ng separateiy aiong with her daughter aged about 3 years at her parents
house at Guntur Guntur District,
she filed two (2) cases
against the
respondent/husband i.e., Criminai
case under Section 85, 351(2) B.N ■S. Act. 2023, and Sections 3 & 4 of the Dowry Prohibition Act, 1961 before the Disha Women Poiice Station, Guntur and also filed a Maintenance Case vide F.C.O.P.(M.C)No.24 of 2025 on the fiieofthe Xil Additionai District Judge -cum-Famiiy Judge, Guntur, the aforesaid cases are pending for adjudication against the respondent/husband. The material on record further reveals that the respondent/husband had filed H.M.O.P.No.20 of 2025 on the file of the Senior Civil Judge, Addanki, seeking restitution of conjugal rights and the same is also pending for adjudication.
4VGKR, J Tr.C.M.P.No.154 of 2025 Dated 23.06.2025
8. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha^ 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 for seeking transfer of H.M.O.P.No.20 of 2025 on the file of the Senior Civil Judge, Addanki, Prakasam District, to the Judge, Family Court, Guntur, Guntur District.
10. In the result, the present Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.20 of 2025 on the file of the Senior Civil Judge, Addanki, Prakasam District, is hereby withdrawn and transferred to the Judge, Family Court, Guntur, Guntur District. The learned Senior Civil Judge, Addanki, Prakasam District, shall ^ 2t22 LiveLaw (SC) 627 5 VGKR, J Tr.C.M.P.No.154 of 2025 Dated 23.06.2025 transmit the case record in H.M.O.P.No.20 of 2025 to the Judge, Family Court, Guntur, Guntur 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.
Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Civil Judge [Senior Division], Addanki, Prakasam District
2. The Judge Family Court, Guntur, Guntur District
3. One CC to Sri Venkata Mohan Rao Pathakota, Advocate [OPUC]
4. Karyampudi @ Uddani Krishna Tejaswi @ Lakshmi Tejaswi, W/o Bhaskara Rao, D/o Uddanti Narayana Rao, aged about 28 Years, Working as a Private Employee, R/o. Door No 81-1-129, 0/3 Nallacheruvu, Guntur, Andhra Pradesh - 522003 Cell No 8886046950
5. Karyampudi Bhaskar Rao, S/o Karyampudi Veeranjaneyulu, R/o. Door No. 3-70, Padmashali Bazar, Valaparla, Bapatia District, Andhra Pradesh - 523260
6. Three CD Copies MV vna HIGH COURT DATED: 23/06/2025 ORDER TRCMP.No.154 of 2025 § 3n ^ ^teSSr.J' ALLOWING THE Tr.CMP