##PAGE1##

2026:APHC:2096

THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO

TRANSFER CIVIL MISCELLANEOUS PETITION No.386 of 2025

ORDER:

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.910 of 2025, on the file of the IV Additional

District and Sessions Judge-cum-Family Court, Vijayawada, Krishna

District and transfer the same to the file of the any Civil Judge

(Senior Division), Tenali, Guntur District, for trial and disposal of the same.

2. 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

solemnized on 10.02.2023 at Sri Lakshmi Ganapathi

Kalyanamandapam, Vemuru, as per Hindu rites and

caste customs. Thereafter, due to matrimonial disputes

between the parties, the petitioner/wife has been

residing separately in her parents‟ house at Vemuru

Village, Bapatla District. The petitioner/wife further

pleaded that, in view of the harassment caused by the

respondent/husband, she lodged a complaint dated

18.11.2024 against the respondent/husband herein,

2

VGK20R2, 6J: APHC:2096

Tr.C.M.P.No.386 of 2025

which was registered as F.I.R.No.146 of 2024, for the

offences punishable under Section 85 B.N.S. Act, 2023

and Sections 3 & 4 of Dowry Prohibition Act, 1961,

before the Vemuru Police Station, the same is pending

for investigation.

II. The petitioner/wife further pleaded that, with a view

to cause inconvenience to her, the respondent/husband

filed a divorce petition vide F.C.O.P.No.910 of 2025, on

the file of the IV Additional District and Sessions Judge-

cum-Family Court, Vijayawada, Krishna District, under

Section 13(1)(ia) of the Hindu Marriage Act, 1955, for

dissolution of marriage, the same is pending for

adjudication.

3. Learned counsel for the petitioner would contend that the petitioner

herein being a woman, has been residing at her parents‟ house and

depending upon the mercy of her parents at Vemuru Village, Bapatla

District and it is very difficult for her to travel to attend the divorce case

proceedings filed by the respondent/husband before the Court at

Vijayawada 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.910 of 2025, on the file of the IV Additional

3

VGK20R2, 6J: APHC:2096

Tr.C.M.P.No.386 of 2025

District and Sessions Judge-cum-Family Court, Vijayawada, Krishna

District and transfer the same to the file of the Civil Judge (Senior Division),

Tenali, Guntur District, for trial and disposal of the same.

4. Learned counsel for the respondent submitted that the petitioner

herein is a private employee and is currently residing at Alpha Ladies P.G.

Hostel, High School Road, Patamata, Vijayawada. However, in order to

substantiate the same, no documentary evidence was produced by the

respondent, except making a bald allegation. He further submitted that the

respondent/husband herein is working as a Software Engineer at

Bangalore and is presently residing at Vijayawada, attending his duties by

way of work from home.

5. Heard Mr. M. Ratan Mohan, learned counsel for the petitioner and

Mr. Banka Nageswara Roa, learned counsel for the respondent.

6. Perused the material available on record.

7. The material on record prima facie goes to show that, due to the

matrimonial disputes between both parties, the petitioner/wife has been

residing with her parents in Vemuru Village, Bapatla District and she

lodged a compliant against the respondent/husband herein, which was

registered as F.I.R.No.146 of 2024, for the offences punishable under

Section 85 B.N.S. Act, 2023 and Sections 3 & 4 of Dowry Prohibition Act,

4

VGK20R2, 6J: APHC:2096

Tr.C.M.P.No.386 of 2025

1961, before the Vemuru Police Station, the same is pending for

investigation. The material on record further discloses that the

respondent/husband herein had filed a divorce petition against the

petitioner/wi