Andhra Pradesh High Court – Amravati
Korraee Venkata Lakshmi Korada Rama … vs Korraee Poorna on 14 July, 2025
APHC010189572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3397] (Special Original Jurisdiction) MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 132/2025 Between: 1. KORRAEE VENKATA LAKSHMI @ KORADA RAMA LAKSHMI @ NASARI RAMA LAKSHMI, W/O KORRAEE POORNA, D/O NASARI RAMUDU, AGED ABOUT 25 YEARS, R/O PATHARLAPALLI VILLAGE, RANASTHALAM MANDAL, SRIKAKULAM DISTRICT. PH-8247561436. ...PETITIONER AND 1. KORRAEE POORNA, S/o Adinarayana, aged about 27 years, R/o Door. No.6-13/4-16d, RPM School Road, Tailorpet, Vijayawada - 520001, Ph. No.96765502130 ...RESPONDENT Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith,the High Court may be pleased topleased to withdraw F.C.O.P.No.396 of 2025 pending on the file of IV Additional District and Sessions Judge, Vijayawada, Krishna District and to transfer the same to Family Court Srikakulam, Srikakulam District and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant stay of all further proceedings including appearance of the Petitioner inF.C.O.P.No.396 of 2025 pending on the file of IV Additional District and Sessions Judge, Vijayawada and pass Counsel for the Petitioner: 1. P RAJKUMAR Counsel for the Respondent: 1. The Court made the following: ORDER:
The petitioner/wife 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.396 of 2025 on the file of the IV Additional District and
Sessions Judge, Vijayawada, Krishna District and transfer the same to the
Judge, Family Court at Srikakulam, 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
their marriage was performed on 17.08.2024, in the presence of
the petitioner’s family, friends & and well-wishers at Royal
Banquet Hall, Vijayawada. After that, due to the matrimonial
disputes between both the spouses, the petitioner/wife has been
residing separately at her parents’ house and depending upon the
mercy of her parents at Srikakulam.
II. The learned counsel for the petitioner would further contend that
to cause inconvenience to the petitioner/wife, the
respondent/husband had filed F.C.O.P.No.396 of 2025 on the file
of the IV Additional District and Sessions Judge, Vijayawada,
Krishna District, under Section 12(1)(c) of the Hindu Marriage Act,
1955, seeking for dissolution of the marriage and the same is
pending for adjudication.
III. Learned counsel for the petitioner would further contended that
the petitioner being a woman, depending upon the mercy of her
parents at Srikakulam, it is very difficult for her to travel to attend
the divorce case proceedings which is situated at a distance of
more than 400 Kms from Srikakulam to 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.396 of 2025 on the file of the IV Additional District
and Sessions Judge, Vijayawada, Krishna District and transfer
the same to the Judge, Family Court at Srikakulam.
3. Heard learned counsel for the petitioner.
4. Though registered notice sent to the respondent was served on him,
none appeared for the respondent. Therefore, ‘service held sufficient’.
5. Perused the material available on record.
6. The material on record prima facie goes to show that in view of the
matrimonial disputes between both the spouses, the petitioner/wife has been
residing separately at her parents’ house at Srikakulam and the
respondent/husband herein had filed F.C.O.P.No.396 of 2025 on the file of the
IV Additional District and Sessions Judge, Vijayawada, Krishna District, under
Section 12(1)(c) of the Hindu Marriage Act, 1955 and the same is pending for
adjudication.
7. The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER
HEERA1, held by considering the fact that “if a wife does not have sufficient
funds to visit the place where the divorce petition is filed by her husband, then
the transfer petition filed by the wife may be allowed.”
8. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana
Karthik Sha2 held as follows:
“9. The cardinal principle for exercise of power under Section 24 of the
Code of Civil Procedure is that the ends of justice should demand the transfer
of the suit, appeal or other proceeding. In matrimonial matters, wherever
Courts are called upon to consider the plea of transfer, the Courts have to
take into consideration the economic soundness of both the parties, the social
strata of the spouses and their behavioural pattern, their standard of life prior
to the marriage and subsequent thereto and the circumstances of both the
parties in eking out their livelihood and under whose protective umbrella they
are seeking their sustenance to life. Given the prevailing socio- economic
paradigm in the Indian society, generally, it is the wife’s convenience which
must be looked at while considering transfer.”
9. On considering the submissions made by the learned counsel for the
petitioner and in view of the ratio laid down in the aforesaid case laws that in
matrimonial proceedings, the convenience of the wife has to be considered
than that of the inconvenience of the husband. Therefore, I am of the
considered view that there are justifiable grounds to consider the request
made by the petitioner/wife seeking for withdrawal of F.C.O.P.No.396 of 2025
on the file of the IV Additional District and Sessions Judge, Vijayawada,
1
(2000) 10 SCC 304
2
2022 LiveLaw (SC) 627
Krishna District and transfer the same to the Judge, Family Court at
Srikakulam.
10. In the result, the present Transfer Civil Miscellaneous Petition is
allowed and F.C.O.P.No.396 of 2025 on the file of the IV Additional District
and Sessions Judge, Vijayawada, Krishna District, is hereby withdrawn and
transferred to the Judge, Family Court at Srikakulam. The learned IV
Additional District and Sessions Judge, Vijayawada, Krishna District, shall
transmit the case record in F.C.O.P.No.396 of 2025, to the Judge, Family
Court at Srikakulam, duly indexed as expeditiously as possible preferably
within a period of two (02) weeks from the date of receipt of a copy of this
order. There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any pending and the Interim
order granted earlier, if any, shall stand closed.
_______________________________
JUSTICE V. GOPALA KRISHNA RAO
Date: 14.07.2025
CVD