The Court made the following:

THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO

TRANSFER CIVIL MISCELLANEOUS PETITION No.11 of 2026

ORDER:

The petitioners herein have filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of F.C.O.P.No.1810 of 2025 on the file of the Judge, Family Court, Visakhapatnam, to the file of the Principal Civil Judge (Senior Division), Kakinada, East Godavari District, for trial and disposal of the same.

2. The case of the petitioners in brief is as follows:

I. The petitioner No.1 is legally wedded wife of the respondent/husband and their marriage was solemnized on 23.06.2022, in the presence of both side elders and well-wishers, at HPCL Auditorium, Visakhapatnam. Thereafter, due to the matrimonial disputes between the spouses; the petitioner No.1/wife has been residing separately and depending upon the mercy of her parents at Kakinada.

II. The petitioner No.1/wife pleaded that in view of the harassment caused by the respondent/husband, she lodged a complaint against the respondent/husband and his family members, which was registered as F.I.R.No.05 of 2023, before Disha Women Police Station, Kakinda, after completion of investigation, Police laid a charge sheet and the same was numbered as C.C.No.1407 of 2023 on the file of the I Additional Junior Civil Judge-cum-Additional Judicial Magistrate of First Class, Kakinada, and she has instituted two (02) other cases against the respondent/husband viz., Maintenance Case vide M.C.No.65 of 2023 on the file of the III Additional Judicial Magistrate of First Class, Kakinada, under Section 125 of Cr.P.C. seeking maintenance from the respondent/husband and Domestic Violence Case vide D.V.C.No.43 of 2024 on the file of the V Additional Judicial Magistrate of First Class, Kakinada, and all the aforesaid cases are pending for adjudication before the competent Courts at Kakinada.

III. The petitioner/wife further pleaded that with a view to cause inconvenience and to harass her, the respondent /husband herein had filed a divorce petition vide F.C.O.P.No.740 of 2024 on the file of the V Additional District and Sessions-cum-Family Judge, Visakhapatnam, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, r/w Section 7 of the Family Courts Act, 1984, seeking for dissolution of the marriage. Thereafter, the petitioner No.1/wife pleaded that she filed Tr.C.M.P.No.175 of 2024, before this Court, seeking transfer of F.C.O.P.No.740 of 2024, from the file of the V Additional District and Sessions-cum-Family Judge, Visakhapatnam, to the Court of the Senior Civil Judge, Kakinada. After issuing notice and hearing both sides, this Court, was pleased to allow the petition by order dated 12.09.2024, and transferred the matter accordingly. Thereafter, the said F.C.O.P.No.740 of 2024 was transferred to the Court of the Principal Civil Judge (Senior Division), Kakinada, and re-numbered as H.M.O.P. No.497 of 2024, and is presently pending on the file of the said Court.

IV. The petitioner No.1/wife further pleaded that the respondent/husband, aggrieved by the transfer of the earlier proceedings to Kakinada, developed a grudge against her and her family and threatened to initiate multiple proceedings at Visakhapatnam to harass them. In furtherance of the same, he filed F.C.O.P.No.1810 of 2025 before the Family Court at Visakhapatnam under Section 7(1)(c) of the Family Courts Act, 1984, read with Section 27 of the Hindu Marriage Act 1955, against the petitioner No.1/wife and her mother/petitioner No.2, seeking a decree for recovery of Rs.29,04,521/- along with costs, the same is pending for adjudication.

3. The respondent filed counter-affidavit by denying the material averments mentioned in the petition and the respondent contended that there are no merits in the petition filed by the petitioners and the present Transfer Civil Miscellaneous Petition is liable to be dismissed.

4. Heard Sri N. Siva Reddy, learned counsel for the petitioners and Sr