In matrimonial disputes, the convenience of the wife is prioritized over the husband's when deciding on the transfer of legal proceedings, especially when the enquiry has already commenced in the current court.

The Court made the following:

Reserved on 21.04.2026

Pronounced on 23.04.2026

Uploaded on 23.04.2026

THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO

TRANSFER CRIMINAL PETITION Nos.37 & 38 of 2026

COMMON ORDER:

The petitioner has filed Tr.Crl.P.No.37 of 2026 under Section 447 of B.N.S.S. , Act seeking to withdraw D.V.C.No.28 of 2022, on the file of the II Additional Judicial First Class Magistrate at Machilipatnam, Krishna District, and transfer the same to any of the competent jurisdictional Court at Guntur, Guntur District.

The petitioner has filed Tr.Crl.P.No.38 of 2026 under Section 447 of B.N.S.S. , Act seeking to withdraw M.C.No.65 of 2022, on the file of the II Additional Judicial First Class Magistrate at Machilipatnam, Krishna District and transfer the same to any of the competent jurisdictional Court at Guntur, Guntur District.

2. The case of the petitioner/husband in both the transfer criminal petitions is as follows:

I. The petitioner is the husband of the respondent No.1/wife and their marriage has been performed on 13.03.2019, at Machilipatnam. The petitioner/husband pleaded that in view of the matrimonial disputes between both the parties, the respondent No.1/wife lodged a complaint dated 13.06.2026, before the Women Police Station at Machilipatnam, vide FIR No.44 of 2022, for the offences punishable under Sections 498-A and 506 IPC and under Sections 3 and 4 of the Dowry Prohibition Act and after completion of investigation, the Police filed charge-sheet vide C.C.No.938 of 2022, on the file of the Special Judicial First Class Magistrate (Prohibition and Excise) Court at Machilipatnam. The petitioner/husband further pleaded that the respondent No.1/wife also filed H.M.O.P.No.152 of 2022, on the file of the Additional Civil Judge (Senior Division) at Machilipatnam, under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights and the said H.M.O.P., was allowed by the trial Court on 30.12.2025. The petitioner/husband further pleaded that the respondent No.1/wife has also filed a Domestic Violence Case in D.V.C.No.28 of 2022, on the file of the II Additional Judicial First Class Magistrate at Machilipatnam, Krishna District and a Maintenance Case in M.C.No.65 of 2022, on the file of the II Additional Judicial First Class Magistrate at Machilipatnam, Krishna District, and the petitioner/husband herein is attending the case proceedings in the aforesaid cases before the competent courts at Machilipatnam.

II. The petitioner further pleaded that he filed F.C.O.P.No.643 of 2022, on the file of the Family Court, at Guntur, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking dissolution of marriage. Learned counsel for the petitioner/husband further contended that the petitioner is staying at Guntur along with his parents and it is very difficult for him to travel a distance of more than 100 kms from Guntur to Machilipatnam for attending the proceedings in the cases filed by the respondent No.1/wife before the courts at Machilipatnam, on each and every date of adjournment and that the petitioner/husband is constrained to file Tr.Crl.P.Nos.37 & 38 of 2026 seeking to withdraw D.V.C.No.28 of 2022, and M.C.No.65 of 2022, on the file of the II Additional Judicial First Class Magistrate at Machilipatnam, Krishna District, and transfer the same to any of the competent jurisdictional court at Guntur, Guntur District.

3. Heard Sri Venkata Rao Penumaka, learned counsel for the petitioner/husband, learned Public Prosecutor appearing for the respondent No.2/State and none app