Andhra Pradesh High Court – Amravati
Garikapati Sai Hima Sreeja vs Nagendra P B Kadapa on 5 August, 2025
APHC010322112025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3397]
(Special Original Jurisdiction)
TUESDAY,THE FIFTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA
KRISHNA RAO
TRANS. CIVIL MISC.PETITION NO: 190/2025
Between:
1. GARIKAPATI SAI HIMA SREEJA, W/O NAGENDRA PB KADAPA, D/O
RADHA KRISHNA, HINDU, AGED ABOUT 27 YEARS, R/O
GANAPATHI SACCHIDANANDA TEMPLE STREET, AUTONAGAR
GATE, VIJAYAWADA-520 010. PRESENTLY R/O FLAT NO. 102, 1ST
FLOOR, B-BLOCK, ECO SPACE APARTMENT, DONKA ROAD,
PATAMATA, VIJAYAWADA-520010. NTR DISTRICT (ERSTWHILE
KRISHNA DISTRICT)
...PETITIONER
AND
1. NAGENDRA P B KADAPA, S/o Subbaraidu, Hindu, aged about 43
years. Doctor, Flat No. 103, B-Block, KRH Homes, Harinathapuram,
Nellore City - 520 010, SPS Nellore District.
...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 to
pleased to withdraw the F.C.O.P.No.377/2024 pending on the file of the
Hon'ble Family Judge Court-cum-VI Additional District Judge, at Nellore and
transfer the same to The Hon'ble Additional Family Judge-cum-14th Additional
District Judge, at Vijayawada for joint trial and disposal along with the FCOP
No.1465/2022 on the file of Additional Family Judge-cum-14th Additional
Judge at Vijayawada and to 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 to
stay of all further proceedings including the appearance of the Petitioner
herein in F.C.O.P.No.377/2024 on the file of the Family Judge Court cum VI
Additional District Judge, Nellore pending disposal of the above Transfer
C.M.P. and to pass
Counsel for the Petitioner:
1. KUMARI G K V D
Counsel for the Respondent:
1.
The Court made the following:
ORDER:
Today when the matter has been taken up for hearing, learned counsel for
the petitioner has represented that the proof of service Memo has been field
before the Registry, dated 25.07.2025, along with the postal Track Consignment
Sheet downloaded from the Postal Department Website and the same is placed
on the record. As per the track consignment sheet, the Registered Notice sent to
the respondent was served on him on 14.07.2025. None appeared for the
respondent. Therefore, ‘service held sufficient’.
2. The petitioner/wife herein 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.377 of 2024 on the file of the Judge, Family Court-cum-VI Additional
District Judge, Nellore, S.P.S.R. Nellore District and transfer the same to the file
of the Additional Family Court-cum-XIV Additional District Judge, Vijayawada,
Krishna District, for joint trial and disposal along with the F.C.O.P.No.1465 of
2022.
3. The case of the petitioner in brief is as follows:
I. The petitioner is the legally wedded wife of the
respondent/husband and their marriage was performed on
13.03.2020, at NAC Kalyana Mandapam, Gurunanak Colony,
Vijayawada, Krishna District, as per the Hindu Rites and Caste
Customs. During their wedlock period, the petitioner/wife and the
respondent/husband were blessed with one (1) female child and
later, due to the matrimonial disputes between both the spouses,
the petitioner/wife has been residing separately along with her
female child aged about four (4) years at her parents’ house at
Vijayawada, Krishna District. The petitioner/wife pleaded that
she filed a Maintenance Case vide F.C.O.P.No.1465 of 2022 on
the file of the Additional Family Court-cum-XIV Additional District
Judge, Vijayawada, Krishna District, Vijayawada, under Section
125(1) Cr.P.C, seeking monthly maintenance from the
respondent/husband and the same is pending for adjudication.
II. 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.377 of 2024 on the
file of the Judge, Family Court-cum-VI Additional District Judge,
Nellore, S.P.S.R. Nellore District, under Section 9 of the Hindu
Marriage Act, 1955, r/w Section 7 of Family Courts Act, 1984,
seeking restitution of conjugal rights and the same is also
pending for adjudication.
III. Learned counsel for the petitioner would further
contended that the petitioner being a woman and also residing
separately along with her child aged about four (4) years and
depending upon the mercy of her parents at Vijayawada, it is
very difficult for her to travel to attend the case proceedings
before the Court at Nellore, which is situated at a distance of
more than 200Kms from Vijayawada to Nellore 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.377 of 2024 on the file of the Judge, Family
Court-cum-VI Additional District Judge, Nellore, S.P.S.R. Nellore
District and transfer the same to the file of the Additional Family
Court-cum-XIV Additional District Judge, Vijayawada, Krishna
District.
4. Heard learned counsel for the petitioner.
5. Though registered notice sent to the respondent was served on him, none
appeared for the respondent. Therefore, ‘service held sufficient’.
6. Perused the material available on record.
7. 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 along with her female child aged about 4 years and
depending upon the mercy of her parents at Vijayawada and she has instituted a
Maintenance Case vide F.C.O.P.No.1465 of 2022, on the file of the Additional
Family Court-cum-XIV Additional District Judge, Vijayawada, Krishna District,
Vijayawada, under Section 125(1) Cr.P.C, seeking monthly maintenance from the
respondent/husband and the same is pending for adjudication. The material on
record further reveals that the respondent/husband had filed F.C.O.P.No.377 of
2024 on the file of the Judge, Family Court-cum-VI Additional District Judge,
Nellore, S.P.S.R. Nellore District, under Section 9 of the Hindu Marriage Act,
1955, r/w Section 7 of Family Courts Act, 1984, seeking restitution of conjugal
rights and the same is also pending for adjudication.
8. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik
Sha1 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 law 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.377 of 2024 on the file of the
Judge, Family Court-cum-VI Additional District Judge, Nellore, S.P.S.R. Nellore
District and transfer the same to the file of the Additional Family Court-cum-XIV
Additional District Judge, Vijayawada, Krishna District.
1
2022 LiveLaw (SC) 627
10. In the result, the present Transfer Civil Miscellaneous Petition is allowed
and the F.C.O.P.No.377 of 2024 on the file of the Judge, Family Court-cum-VI
Additional District Judge, Nellore, S.P.S.R. Nellore District, is hereby withdrawn
and transferred to the file of the Additional Family Court-cum-XIV Additional
District Judge, Vijayawada, Krishna District. The learned Judge, Family Court-
cum-VI Additional District Judge, Nellore, S.P.S.R. Nellore District, shall transmit
the case record in F.C.O.P.No.377 of 2024, to the file of the Additional Family
Court-cum-XIV Additional District Judge, Vijayawada, Krishna District, 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: 05.08.2025
CVD