Smt. Vanga@ Kotte Lakshmi Komali, Vs Sri. Vanga Naga Krishna Vardan

SMT. VANGA@ KOTTE LAKSHMI KOMALI,, AGED ABOUT 40 YEARS W/0 VANGA NAGA KRISHNA VARDAN, R/0 D.NO.2-186, YALALA BAZAR,NUNNA VILLAGE VIJAYAWADA RURAL AND MANDAL, KRISHNA DISTRICT.

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...PETITIONER

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AND

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SRI VANGA NAGA KRISHNA VARDAN, Aged about 40 years, R/0 D.No.1-16-9/A, E Seva Line Barampet, Narasaraopet-522601, Presently residing in. Company Acre Works (Singapore branch), 20A Jurong West Street, Singapore 648104.

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...RESPONDENT

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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 tomaybe pleased to transfer H.M.O.P No. 204 of 2023, pending before Honble II AddI Senior Civil Judge, Narasaraopeta filed by the respondent herein, to be tried along with FCOP(MC) 912 of 2024 pending before on the file of IV Additional District and Sessions Judge, Vijayawada and pass

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IA NO: 1 OF 2024

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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 may be pleased to grant a stay of all further proceedings in H.M.O.P No. 204 of 2023, pending before the Hon‟ble II AddI Senior Civil Judge, Narasaraopeta pending disposal of the above transfer petition and pass

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IA NO: 2 OF 2024

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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 extend the interim orders passed in lA. No.1 of 2024 in TRCMP No.234 of 2024, dated 26.07.2024, pending disposal of the above TRANSFER CMP and pass

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Counsel for the Petitioner:

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1.VENKAT CHALASANI

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Counsel for the Respondent:

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1.M PITCHAIAH

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The Court made the following:

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ORDER:

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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 transfer of H.M.O.P.No.204 of 2023, pending on the file of the II Additional Senior Civil Judge, Narasaraopet, filed by the respondent herein, to be tired along with F.C.O.P(MC)No.912 of 2024, which is pending before the IV Additional District and Sessions Judge, Vijayawada, Krishna District, for trail and disposal of the same.

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The case of the petitioner in brief is as follows:

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I. The petitioner is the legally wedded wife of the respondent/husband and the marriage of the petitioner with the respondent was solemnized on 02.11.2011, at Jamindar Function Hall, Narasaraopet, as per the Hindu Rites and Caste Customs. During their wedlock, the petitioner and the respondent were blessed with two (02) children. After that, in view of the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her two (02) children aged about 7 & 3 years respectively at her parents‟ house and depending upon the mercy of her parents at Vijayawada, Krishna District. The petitioner/wife pleaded that in view of the harassment made by the respondent/husband, she lodged a complaint against the respondent/husband on 29.06.2022, which was registered as F.I.R.No.126 of 2022, for

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the offence punishable under Section 498-A r/w 34 I.P.C. and under Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the II Town Police Station, Narasaraopet, the same is pending for investigation and she also filed a Maintenance Case vide F.C.O.P(MC)No.912 of 2024 on the file of the IV Additional District and Sessions Judge, Vijayawada, Krishna District, under Section 125 of Cr.P.C. seeking maintenance from the respondent/husband herein and the same is pending for adjudication.

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II. The petitioner/wife would further contend that with a view to cause inconvenience and to harass the petitioner/wife, the respondent/husband herein had filed divorce petition i.e., vide H.M.O.P.No.204 of 2023 before the II Additional Senior Civil Judge, Narasaraopet, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication.

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III. The petitioner/wife further pleaded that she being a woman, residing separately along with her two (02) children at her parents‟ house and depending upon the mercy of her parents at Vijayawada, Krishna District, it is very difficult for her to travel to attend the divorce case proceedings which was filed by the respondent/husband herein on each and every adjournment without any male assistance and that she was constrained to file the present petition seeking transfer of H.M.O.P.No.204 of 2023, before the II Additional Senior Civil Judge, Narasaraopet, filed by

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the respondent/husband herein, to be tired along with F.C.O.P(MC)No.912 of 2024, which is pending before the IV Additional District and Sessions Judge, Vijayawada, Krishna District.

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Learned counsel for the respondent contended that no counter-affidavit is filed, he will argue the matter. He further submitted that the respondent/husband is a software engineer currently residing in Singapore, and if the Court is inclined to transfer the present case from Narasaraopet to Vijayawada, the personal appearance of the respondent/husband before the transferee Court at Vijayawada may be dispensed with.

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Heard learned counsel appearing on both sides on record.

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Perused the material available on record.

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The material on record prima facie goes to show that, the petitioner/wife has been residing at her parents‟ house and depending upon the mercy of her parents at Vijayawada and she lodged a complaint against the respondent/husband i.e., a Criminal Case which was registered as F.I.R.No.126 of 2022, for the offence punishable under Section 498-A r/w 34 I.P.C. and under Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the II Town Police Station, Narasaraopet, and also filed a Maintenance Case vide F.C.O.P(MC)No.912 of 2024 on the file of the IV Additional District and Sessions Judge, Vijayawada, Krishna District, under Section 125 of Cr.P.C. seeking maintenance, the said maintenance case is pending for adjudication. Furthermore, the material on record discloses that the respondent/husband has instituted a divorce petition i.e., vide H.M.O.P.No.204 of 2023, pending on

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the file of the II Additional Senior Civil Judge, Narasaraopet, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication.

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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.”

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The Apex Court in a case of N.C.V. AISHWARYA VS A.S. SARAVANA KARTHIK SHA² , held as follows:

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“ 9. The cardinal principles 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.”

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On considering the submissions made by the learned counsel appearing for both sides and in view of the ratio laid down by the aforesaid case laws and on considering the facts and circumstances of the case that in matrimonial proceedings, the convenience of the wife has to be taken into

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1 (2000) 10 SCC 304 2 2022 LiveLaw (SC) 627

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consideration than that of the inconvenience of the husband and petitioner/wife has been staying separately along with her two (02) children aged about 7 & 3 years respectively at Vijayawada, Krishna District, and it is very difficult for her to travel from Vijayawada to Narasaraopet to attend the divorce case proceedings before the Court at Narasaraopet, therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, seeking transfer of H.M.O.P.No.204 of 2023, pending on the file of the II Additional Senior Civil Judge, Narasaraopet, to the file of the Principal Family Court-cum-IV Additional District and Sessions Judge, Vijayawada, Krishna District. Further, on considering the submissions made by the learned counsel for the respondent that, since the respondent/husband herein is a software engineer and currently residing in Singapore and therefore, it is desirable to dispense with the personal appearance of the respondent/husband herein i.e., the petitioner in H.M.O.P.No.204 of 2023, on the file of the II Additional Senior Civil Judge, Narasaraopet, before the transferee Court, except on the days when his personal appearance is required before the said Court as per law.

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In the result, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.204 of 2023, on the file of the II Additional Senior Civil Judge, Narasaraopet, is hereby withdrawn and transferred to the Principal Family Court-cum-IV Additional District and Sessions Judge, Vijayawada, Krishna District. The learned II Additional Senior Civil Judge, Narasaraopet, shall transmit the case record in H.M.O.P.No.204 of 2023, to the Principal Family Court-cum-IV Additional District and Sessions Judge, Vijayawada, Krishna

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District, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of the order. Later the learned Judge, Principal Family Court-cum-IV Additional District and Sessions Judge, Vijayawada, Krishna District, is hereby directed not to insist for the personal appearance of the respondent herein i.e., the petitioner in H.M.O.P.No.204 of 2023 as long as his counsel is attending the Court proceedings and representing the case except on the day when re-conciliation proceedings are being taken up or on the day when his cross-examination is required to be recorded or on any other day when his personal appearance is required as directed by the learned Principal Family Court-cum-IV Additional District and Sessions Judge, Vijayawada, Krishna District. There shall be no order as to costs.

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As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed.

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_______________________________ JUSTICE V. GOPALA KRISHNA RAO

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Date: 08.10.2025 CVD

Smt. Vanga@ Kotte Lakshmi Komali, v. Sri. Vanga Naga Krishna Vardan

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Smt. Vanga@ Kotte Lakshmi Komali, v. Sri. Vanga Naga Krishna Vardan

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