Tummalapenta Poorna Naga Sai Durga Poorvaja v. Thummalapenta Rama Narayana

circumstances stated in the affidavit filed therewith, the High Court may be pleased to allow the TRCMP by withdrawing H.M.O.P No. 6 of 2023 from Civil Judge (Senior Division), at Markapur and to transfer the same to the XIV Additional District Judge -Cum- Family Court, Vijayawada. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all the further proceedings in H.M.O.P No.6 of 2023 on the file Civil Judge (Senior Division), Markapur Counsel for the Petitioner: SRI S BALA MOHAN RANGA Counsel for the Respondents: — The Court made the following: 5^ APHC010409682024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] TUESDAY ,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 306/2024 Between: Tummalapenta Poorna Naga Sai Durga Poorvaja ...PETITIONER AND Thummalapenta Rama Narayana ...RESPONDENT Counsel for the Petitioner:

1.S BALA MOHAN RANGA Counsel for the Respondent:

1. The Court made the following: 3 ORDER: Today when the matter is taken up for hearing, learned counsel for the petitioner has represented that the proof of service memo along with the postal track consignment sheet is filed before the Registry and the same is placed on the record. As per the said postal track consignment sheet, the registered notice sent to the respondent by the learned counsel for the petitioner was served on him. Therefore, service held sufficient.

2. The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw H.M.O.P.No.6 of 2023 on the file of the Senior Civil Judge, Court, Markapur and transfer the same to the XIV Additional District Judge-Cum-Family Court, Vijayawada.

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 has been performed at Vijayawada on 31.10.2020 as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Vijayawada. The petitioner pleaded that she had lodged a complaint before the Vijayawada City Police Station, A.S. Nagar, under Section 498(A) IPC and under Sections 3 & 4 of the Dowry Prohibition Act against respondent/husband the same is pending investigation. The petitioner further pleaded that she had filed a Maintenance Case vide F.C.O.P.(M.C.) No.27 of 2023 on the file of the % XIV Additional District Judge-Cum-Family Court at Vijayawada and also filed a Domestic Violence Case vide D.V.C.No.460 of 2023, on the file of the I Additional Chief Metropolitan Magistrate, Vijayawada against the respondent and his family, members and the same are pending for adjudication. The petitioner contend that to cause inconvenience to her, the respondent/husband has filed H.M.O.P.No.6 of 2023 on the file of the Senior Civil Judge Court, Markapur under Section 9 of the Hindu Marriage Act, 1955 seeking for restitution of conjugal rights. ^ II. Learned counsel for the petitioner further contended that the petitioner being a woman depending upon her parents, it is very difficult for her to travel at a distance more than 150Kms from Vijayawada to Markapur without any male support and that she was constrained to file the present petition against the respondent/husband seeking to withdraw H.M.O.P.No.6 of 2023 on the file of the Senior Civil Judge Court, Markapur and transfer the same to the XIV Additional District Judge- Cum-Family Court, Vijayawada.

4. Heard Sri S.Bala Mohan Ranga, learned counsel for the petitioner. None appeared for the respondent; Perused the material available on record.

5. The material on record prime facie shows that, view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Vijayawada and she had filed a Maintenance Case and a Domestic Violence Case before competent Courts at Vijayawada against the respondent and the respondent is attending the Court proceedings in the ✓ aforesaid cases. The petitioner further contended that the distance in between Vijayawada and Markapur is approximately more than 150 Kms and that the petitioner/ wife is constrained to file the present Transfer Petition.

6. 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."

7. 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, this Court is of the considered view that there are grounds to consider the request of the petitioner/wife to withdraw H.M.O.P.No.6 of 2023 on the file of the Senior Civil Judge Court, Markapur and transfer the same to the XIV Additional District Judge-Cum-Family Court, Vijayawada. ' 2022 LiveLaw (SC) 627

8. In the result, the present petition is allowed and H.M.O.P.No.6 of 2023 on the file of the Senior Civil Judge Court. Markapur. is hereby withdrawn and transferred Court, Vijayawada. The Senior Civil Judge Court, Markapur, shall transmit the case Judge-Cum-Family Additional District XIV record in H.M.O.P.No.6 of 2023 to the XIV Additional 'S •••' District Judge-Cum- Family Court, Vijayawada 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. 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. \ To //TRUE COPY// SD/- K KASIRAO ACHARI ASSISTANT REGISTRAR^ . N OFFICER r

1. The Civil Judge (Senior Division), at Markapu 2. The XIV Additional District Judge -Cum- Family Court, Vijayawada. 3. Tummalapenta Poorna Naga Sai Durga Poorvaja, W/o. Tummalapenta Rama Narayana, D/o. M Chandra Sekhara Rao, Age 27 years, Occ House Wife. R/o. D. No. 43-121-27, Tilak Road. New Ajith Singh Nagar, Near Krishna Hotel Center, Vijayawada, Krishnar District-520 015.

4. Thummalapenta Rama Narayana, S/o. Venkata Ramanaiah , Hindu, Age 31 years. R/o. Near Pragathi Junior College, Police Station Road Komarolu Village, Komarolu Mandal, Prakasam District. Sri. S Bala Mohan Ranga, Advocate [OPUC]

5. One CC to 6. Three CD Copies PR HIGH COURT DATED:05/11/2024 ORDER TRCMP.No.306 of 2024 OF AND^ 1 g if NOV 2C2*i ^ Current Section oY. m ^ ALLOWING THE TR.C.M.P. WITHOUT COSTS