APHC010296302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3397]

(Special Original Jurisdiction)

WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 177/2025 Between:

1.SOMU PRATUSHA PRIYADARSINI, WIFE OF AVINASH BABU @

KARTHIK, SON OF SIRIPURAPU KRISHNA RAO, AGED ABOUT 29 YEARS, SOFTWARE EMPLOYEE IN WELLS-FORGO INDUSTRIES, RESIDENT OF SRI KRISHNA WOMEN P.G., A.P.H.B COLONY, BESIDE PRASAD KITCHEN, GACHI BOWLI, HYDERABAD, TELANGANA STATE ...PETITIONER AND

1.SOMU AVINASH BAVU KARTIK, S/o Sivannarayana, aged about 29 years. Soft-ware Employee, Resident of D.No. 10-7-40, Lankapatnam, Near Dale Mill, Vizianagaram.

...RESPONDENT 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 topleased to withdraw the F.C.O.P.No. 25 of 2025 on the file of Hon hie Family Court, Vizianagaram and pray this Honhle Court to transfer the same to any competent court at Visakhapatnam more precisely Honhle Family Court, Visakhapatnam and IA NO: 1 OF 2025 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 pleased to stay of all further proceedings in F.C.O.P.No. 25 of 2025 including physical appearance before the Hon’ble Family Court, Vizianagaram, pending disposal of the above said case and pass Counsel for the Petitioner:

1.V SURENDRA REDDY Counsel for the Respondent:

1.SARIPALLI SUBRAHMANYAM The Court made the following:

THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.177 of 2025

ORDER:

The petitioner/wife herein has filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking for withdrawal of F.C.O.P.No.25 of 2025 on the file of the Judge, Family Court, Vizianagaram, and transfer the same to the file of the Judge, Family Court at Visakhapatnam, for trial and disposal of the same.

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 due to the matrimonial disputes between both the parties; the petitioner/wife has been residing separately and working as a software engineer at Hyderabad.

II. The petitioner/wife further pleaded that to cause inconvenience and to harass her, the respondent/husband herein had filed a petition vide F.C.O.P.No.25 of 2025, on the file of the Judge, Family Court, Vizianagaram, under Section 9 of Hindu Marriage Act, 1955, seeking restitution of conjugal rights, the same is pending for adjudication. She further pleaded that, she is staying at Hyderabad, Telangana State and the distance between Hyderabad and Vizianagaram is approximately more than 650Kms, since the petitioner being a women and residing separately at Hyderabad, it is very difficult for her to travel from Hyderabad to Vizianagaram, to attend the Court proceedings and that she was constrained to file the present transfer petition.

3. Learned counsel for the respondent on record submitted that the petitioner/wife herein is not residing either at Visakhapatnam or at Vizianagaram, at present, she is residing at Hyderabad and working as a software engineer. He further submitted that even if the said matter, i.e., F.C.O.P.No.25 of 2025, is transferred from Srikakulam to Visakhapatnam, the purpose would not be served. Learned counsel for the respondent further contended that there are no valid grounds to consider the request made by the petitioner/wife herein and that the present Transfer Civil Miscellaneous Petition is liable to be dismissed.

4. Learned counsel for the petitioner submitted that, if this Court is inclined to dismiss the present Transfer Civil Miscellaneous Petition filed by the petitioner/wife, the personal appearance of the petitioner/wife herein may be dispensed with in F.C.O.P.No.25 of 2025, before the Judge, Fami