APHC010413852024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3397]

(Special Original Jurisdiction)

WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 319/2024 Between:

Tummala Sai Vindya Venkata Ramana Pratyusha ...PETITIONER AND Thummala Aravind ...RESPONDENT Counsel for the Petitioner:

1. YASWANTH GADE Counsel for the Respondent:

1. PILLIX LAW FIRM The Court made the following:

ORDER:

The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw the H.M.O.P.No.365 of 2024 on the file of the Principal Senior Civil Judge, Kakinada, East Godavari District and transfer the same to the file of the Judge, Family Court at Eluru, West Godavari District, for trial.

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

I. The petitioner is the legally wedded wife of the respondent and the marriage of the petitioner with the respondent was performed on 21.05.2021 at Dwaraka Tirumala Temple, as per Hindu Rites and Caste Customs. In view of the matrimonial disputes between both the spouses; the petitioner/wife has been residing at her parents' house at Bhimadole, Eluru, West Godavari District. The petitioner/wife further pleaded that she lodged a complaint dated 04.12.2023, in F.I.R.No.281 of 2023, before Bhimadole Police Station, West Godavari District, under Section 498-A of I.P.C. and under Sections 3 and 4 of Dowry Prohibition Act, 1961, the same was registered vide C.C.No.131 of 2024 on the file of the Judicial Magistrate of First Class, Bhimadole, West Godavari District. The petitioner/wife further pleaded that she filed a Maintenance Case vide M.C.No.7 of 2024 on the file of the Judicial Magistrate of First Class, Bhimadole, West Godavari District, under Section 125 of Cr.P.C., seeking monthly maintenance from the respondent/husband and she also filed a Domestic Violence Case vide D.V.C.No.8 of 2024 on the file of the Judicial Magistrate of First Class, Bhimadole, West Godavari District, and all the said cases are pending before the competent Court at Bhimadole and the respondent/husband has also attending the case proceedings before the said Court at Bhimadole, West Godavari District.

II. The petitioner/wife further contended that to cause unnecessary inconvenience to her, the respondent/husband has filed H.M.O.P.No.365 of 2024 on the file of the Principal Senior Civil Judge, Kakinada, East Godavari District, under Section 9 of Hindu Marriage Act, 1955, seeking restitution of conjugal rights and the same is also pending for adjudication.

3. Learned counsel for the petitioner further contended that the petitioner has been residing at her parents’ house at Bhimadole, it is very difficult for her to travel which is at a distance of more than 150 Kms from Bhimadole to Kakinada to attend the case proceedings on each and every adjournment before the Principal Senior Civil Judge Court, at Kakinada without any male support and that she was constrained to file the present Transfer Civil Miscellaneous Petition seeking withdrawal of the H.M.O.P.No.365 of 2024 on the file of the Principal Senior Civil Judge, Kakinada, East Godavari District and transfer the same to the file of the Judge, Family Court at Eluru, West Godavari District.

4. Heard learned counsel for the petitioner and learned counsel for the respondent.

5. Perused the material available on record.

6. The material on record prima facie goes to show that, the petitioner/wife has instituted three (3) cases against the respondent/husband before the competent Court at Bhimadole, West Godavari District, the same are pending for adjudication and the respondent/husband has also attending all the case proceedings on each and every adjournment before the competent Court at Bhimadole. The material on record further reveals that that the respondent/husband has filed H.M.O.P.No.365 of 2024 on the file of the Principal