APHC010098492026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3397]

(Special Original Jurisdiction)

FRIDAY,THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 35/2026 Between:

Neelam Venkata Ramarao ...PETITIONER AND Neelam Vijayalakshmi and Others ...RESPONDENT(S)

Counsel for the Petitioner: 1. NEELAM SANKARA RAO Counsel for the Respondent(S):

1. MADHU SUDANA SAI RAM ASADI

2. PUBLIC PROSECUTOR The Court made the following:

THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.35 of 2026

ORDER:

The petitioner has filed the present petition under Section 447 of B.N.S.S., Act seeking to transfer M.C.No.01 of 2017, on the file of the Additional Junior Civil Judge Court, Chirala to the Additional Junior Civil Judge Court, Guntur, Guntur District.

2. The case of the petitioner is as follows:

I. The petitioner herein is the husband of the respondent No.1/wife and their marriage has been solemnized on 29.08.2010. During their wedlock, the petitioner and the respondent No.1 were blessed with two sons. In view of the matrimonial disputes between both the parties, the respondent No.1/wife is staying separately at her parents’ house at Vetapalem Village, Chirala Mandal, Bapatla District and the two minor sons were residing along with their father i.e., petitioner/husband at Guntur District. The petitioner contend that the respondent No.1 lodged a complaint against the petitioners before the Vetapalem Police Station, under Section 498-A IPC and under Sections 3 & 4 of the Dowry Prohibition Act and after completion of investigation, the Police filed a charge sheet vide C.C.No.710 of 2016, on the file of the Additional Junior Civil Judge, Chirala, and the same is transferred to Principal Junior Civil Judge Court, Chirala, and the same is pending for adjudication.

II. The petitioner further pleaded that to cause unnecessary inconvenience to him and his family members, the respondent No.1 had filed a Domestic Violence Case in D.V.C.No.04 of 2017, and a Maintenance Case in M.C.No.01 of 2017, on the file of the Additional Junior Civil Judge Court, Chirala, a case in H.M.O.P.No.54 of 2019, on the file of the Senior Civil Judge Court, Chirala, and a suit in O.S.No.127 of 2019, on the file of the Principal Junior Civil Judge, Chirala, and the same are pending for adjudication. The petitioner further pleaded that the respondent No.1 had also filed G.W.O.P.No.25 of 2017, on the file of the VII Additional District Judge, Ongole, seeking custody of the minor children from the petitioner and the same was dismissed on 17.12.2024, by the Court below. The petitioner further pleaded that since the date of transfer of the case in C.C.No.710 of 2016, from the Additional Junior Civil Judge Court, Chirala, to the Principal Junior Civil Judge Court, Chirala, the presiding officer is not allowing the petitioners herein to file their defence in the said case and is openly stating that “he will not allow the petitioner to file any of the documents on behalf of the petitioner.”

III. The petitioner further pleaded that he is aged about 47 years and is suffering from diabetic health issues. He further pleaded that he is residing at Guntur along with his two minor sons and his parents and is unable to travel from Guntur to Chirala on each and every date of adjournment continuously in the Maintenance Case, Domestic Violence Case and in H.M.O.P.No.54 of 2019, which are pending before the competent Courts at Chirala. As such, the petitioner is constrained to file the present transfer criminal petition seeking to transfer M.C.No.01 of 2017, on the file of the Additional Junior Civil Judge Court, Chirala to the Additional Junior Civil Judge Court, Guntur, Guntur District.

3. Heard Sri Neelam Shankara Rao, learned counsel for the petitioner, learned Public Prosecutor appearing for the respondent No.2/State and Sri Madhu Sudana Sai Ram Asadi, learned counse