Andhra Pradesh High Court – Amravati
Gurram Manjusha Surabhi Manjusha, vs Gurram Raghunandan, on 28 July, 2025
APHC010175842025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
MONDAY,THE TWENTY EIGHTH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO
IRANSFER CIVIL MISCELLANEOUS PETITION NO: 133 OF 2025
Between:
Gurram Manjusha @ Surabhi Manjusha W/o.Gurram Raghunanda,
D/o.Surabhi Daniel, aged about 27 years, R/o.D.No.2277, 1st Floor, New
Rajiv Nagar, Payakapuram, Vijayawada-520015, N.T.R. District Cell
No.9347151237
...Petitioner
AND
Gurram Raghunandan, S/o.Jashuva Kiran, aged 31 years, R/o. Flat No.402,
Radha Krishna Apartments, Jilleleguda, L.B.Nagar, Hyderabad-5000 74 Cell
No 7306138319
...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
withdraw OP No.57 of 2024 pending on the file of the XIII Additional District
Judge Narasaraopeta Guntur district and to transfer the same to Additional
Family Court cum XIV Additional District Judge At Vijayawada Krishna
district.
lA NO: 1 OF 2025
Petition under Section 151 CPC praying that in the circumstances stated
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in the affidavit filed in support of the petition, the High Court may be pleased to
grant stay of all further Proceedings in DOP No.57 of 2024 pending on the file
of the XIII Additional District Judge Narasaraopeta Guntur district.
Counsel for the Petitioner: SRI. K. R. RAGHAVENDRA RAO
Counsel for the RespondentzSRI. VENKATA DURGA RAO ANANTHA
The Court made the following order:
THE HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO
TRANSFER CIVIL MISCELLANEOUS PETITION No.133 of 2025
ORDER:
The petitioner/wife filed the present petition under Section 24 of the
Code of Civil Procedure, 1908, seeking to withdraw D.O.P.No.57 of 2024, on
the file of the XIII Additional District Judge, Narasaraopeta, Guntur District and
transfer the same to the Additional Family Court-Cum-XIV Additional District
Judge at Vijayawada, Krishna District.
2. 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 has been performed on 27.08.2020, as per Christian rites
and customs. In view of the matrimonial disputes between both the
house at
parties, the petitioner/wife is staying at her parents’
Vijayawada, N.T.R.District and depending upon the mercy of her
parents. The petitioner pleaded that she had lodged a complaint before
Disha Police Station, Vijayawada under Sections 498-A, 506 IPC and
under Sections 3 & 4 of the Dowry Prohibition Act vide FIR.No.68 of2024, after completion of investigation, the Charge Sheet has been filed
by the Investigating Officer vide C.C.No.3287 of 2024, on the file of the
II Additional Chief Metropolitan Magistrate at Vijayawada and the sameis pending for adjudication. The petitioner further pleaded that she had
2filed a Maintenance Case vide F.C.O.P.(MC).No.1097 of 2024, on the ‘
file of the Additional Family Court cum-XIV Additional District Judge at
Vijayawada, she also filed F.C.O.P.No.1095 of 2024, on the file of the
Additional Family Court cum-XIV Additional District Judge at
Vijayawada seeking for restitution of conjugal rights and the petitioner
had also filed a Domestic Violence Case vide D.V.C.No.344 of 2024, on
the file of the I Additional Chief Metropolitan Magistrate Court at
Vijayawada and the respondent is attending the Court proceedings
before the competent Courts at Vijayawada. The learned counsel for the
petitioner would contend that to cause inconvenience to the petitioner
the respondent/husband had filed D.O.P.No.57 of 2024, on the file of
the XIII Additional District Judge, Narasaraopeta, Guntur District, under
Section 10(1)(ix)(x) of the Divorce Act, 1869, seeking for dissolution of
marriage.
II. Learned counsel for the petitioner further contended that the petitioner
being a woman and depending upon the mercy of her parents, it is very
difficult for her to attend the Court proceedings before the learned XIII
Additional District Judge, Narasaraopeta, Guntur District, on each and
every date of adjournment without any male support and that she was
constrained to file the present petition against the respondent/husband
seeking to withdraw D.O.P.No.57 of 2024, on the file of the XIII
Additional District Judge, Narasaraopeta, Guntur District and transfer
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the same to the Additional Family Court-Cum-XIV Additional DistrictJudge at Vijayawada, Krishna District.
3. Heard Sri K.R.Raghavendra Rao, learned counsel for the petitioner and
Sri Venkata Durga Rao Anantha, learned counsel for the respondent. Perused
the material available on record.
4. The material on record prima facie goes to show that in view of the
matrimonial disputes between both the parties, the petitioner/wife is staying at
she had lodged a
her parents’ house at Vijayawada, N.T.R. District and
Sections 498-A, 506
complaint before Disha Police Station. Vijayawada under
IPC and under Sections 3 & 4 of the Dowry Prohibition Act vide FlR.No.68 of
2024 and the same is numbered as C.C.No.3287 of 2024, on the file of the II
Additional Chief Metropolitan Magistrate at Vijayawada and the
same IS
pending for adjudication further, the petitioner had filed a Maintenance Case
vide F.C.O.P.(MC).No.1097 of 2024, on the file of the Additional Family Court
cum-XIV Additional District Judge at Vijayawada, F.C.O.P.No.1095 of 2024
on the file of the Additional Family Court cum-XIV Additional District Judge at
Vijayawada seeking for restitution of conjugal rights and also a Domestic
Violence Case vide D.V.C.No.344 of 2024, on the file of the I Additional Chief
Metropolitan Magistrate Court at Vijayawada and the respondent is attending
the Court proceedings before the competent Courts at Vijayawada. The
respondent/husband has filed D.O.P.No.57 of 2024, on the file of the XIII
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Additional District Judge, Narasaraopeta, Guntur District, under Section
10(1)(ix)(x) of the Divorce Act, 1869, seeking for dissolution of marriage.
5.
The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER
HEERA\ 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.”
6. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana
Karthik Sha^ 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.”
7. On considering the submissions made by the learned counsel
appearing for both sides 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. Further as the
^ (2000) 10 see 304
^ 2022 LiveLaw (SC) 627
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the file of the Additional
petitioner/wife had filed F.C.O.P.No.1095 of 2024,
on
Family Court cum-XIV Additional District Judge at Vijayawada seeking for
restitution of conjugal rights and the respondent/husband has filed
D.O.P.No.57 of 2024, on the file of the XIII Additional District Judge,
for dissolution of marriage, both the
Narasaraopeta, Guntur District, seeking
petitions has to be tried by the same Judge to avoid conflict of decisions,
■ Therefore, this Court is of the considered view that there are grounds to
withdraw D.O.P.No.57 of 2024,
consider the request of the petitioner/wife to
on the file of the XIII Additional District Judge , Narasaraopeta, Guntur District
and transfer the same to the Additional Family Court-Cum-XlV Additional
District Judge at Vijayawada, Krishna District.
8. In the result, the present petition isis allowed and D.O.P.No.57 of 2024,
Guntur District,
on the file of the XIII Additional District Judge, Narasaraopeta,
Additional Family Court-Cum-XIV
is hereby withdrawn and transferred to the
Additional District Judge at Vijayawada , Krishna District. The learned Xlll
Guntur District, shall transmit the
Additional District Judge, Narasaraopeta
Additional Family Court-Cum-XIV
case record in D.O.P.No.57 of 2024 to the
District, duly indexed as
Additional District Judge at Vijayawada, Krishna
in five (05) days from the date of
expeditiously as possible preferably within
directed to appear before
receipt of a copy of the order. Both the parties are
District Judge at
the learned Additional Family Court-Cum-XIV Additional
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Vijayawada, Krishna District on 14.08.2025 at 10.30 a.m. 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.
Sd/- SHAIK MOHD. RA^
ASSISTANT REGISTR/^R
//TRUE COPY//
SECTION OFFICEIr
To,
1. The XIII Additional District Judge Narasaraopeta Guntur.
2. The Additional Family Court cum XIV Additional District Judge At
Vijayawada Krishna District.
3. Gurram Manjusha @ Surabhi Manjusha, W/o.Gurram Raghunandi
D/o.Surabhi Daniel, aged about 27 years, R/o.D.No.2277, 1st Floor,
New Rajiv Nagar, Payakapuram, Vijayawada-520015 N.T.R. District
Cell No.9347151237
4. Gurram Raghunandan, S/o.Jashuva Kiran, aged 31 years, R/o. Flat
No.402, Radha Krishna Apartments, Jilleleguda L.B.Nagair,
Hyderabad-500074, Cell No 7306138319
5. One CC to SRI. K. R. RAGHAVENDRA RAO, Advocate [OPUC]
6. One CC to
SRI. VENKATA DURGA RAO ANANTHA Advocate
[OPUC]
7. Two CD Copies
PR
NM
HIGH COURT CCTODAY
VGKRJ
DATED:28/07/2025
Both the parties are directed to appear
before the Additional Family Court –
Cum-XIV Additional District Judge at
Vijayawada, Krishna District on
14.08.2025 at 10:30 a.m
ORDER
TRCMP NO. 133 OF 2025
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X 2 S JUL 2025 ^
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^ . Current Section ^
ALLOWING THE TRCMP