Gunji @ Derangula Vijaya Lakshmi Vs Gunji Anil

GUNJI @ DERANGULA VIJAYA LAKSHMI, W/O GUNJI ANIL, D/O DERANGULA SRINIVASA RAO, AGED ABOUT 37 YEARS, R/O D.NO.16-23-117, SIVALAYAM STREET, OLD GUNTUR, GUNTUR.

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...PETITIONER

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AND

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GUNJI ANIL, S/o Gunji Satyam, Aged about 37 years, R/o 15-2-124, 3rd Floor, James Garden, 1St Line, Near Garden Tower Apartment, Nellore, Nellore District - 524002

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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 topleased to withdraw the F.C.O.P.No.415/2025 on the file of VI Additional District and Sessions Judge Cum Family Court, Nellore and transfer the same to Family Court, Guntur for adjudicating along with FCOP.No.735 of 2025 and to pass

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IA NO: 1 OF 2026

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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 justice be pleased to stay all proceedings including appearance of the petitioner in the F.C.O.P.No.415/2025 on the file of VI Additional District and Sessions Judge Cum Family Court, Nellore pending disposal of the above Transfer C.M.P. in the interest of justice

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Counsel for the Petitioner:

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1.ATCHUTUNI RAMA MOHAN RAO

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Counsel for the Respondent:

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1.N.S.V.ROHIT

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The Court made the following:

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THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.25 of 2026

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ORDER:

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The petitioner herein/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking withdrawal of F.C.O.P. No.415 of 2025 from the file of the VI Additional District and Sessions Judge-cum-Family Court, Nellore, and transfer of the same to the file of the learned Judge, Family Court, Guntur, for trial and disposal.

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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 their marriage was solemnized on 24.03.2024 at Kanaka Durga Malleswara Swamy Varla Devasthanam, Vijayawada, as per Hindu rites and caste customs. Thereafter, due to matrimonial disputes, they have been living separately. The petitioner lodged a report in the Mahila Police Station, Guntur, under Section 85 of the BNS and Sections 3 and 4 of the Dowry Prohibition Act. She also filed a domestic violence case on the file of the learned Special Judicial Magistrate of First Class for Mobile Court, Guntur. Further, she filed F.C.O.P. No.735 of 2025 before the learned Judge, Family Court, Guntur,

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under Section 9 of the Hindu Marriage Act, seeking restitution of conjugal rights, and the same is pending for adjudication.

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ii) The petitioner further stated that the respondent/husband filed F.C.O.P. No.415 of 2025 before the learned VI Additional District and Sessions Judgecum-Family Court, Nellore, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking dissolution of marriage, and the same is pending adjudication.

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The respondent filed a counter-affidavit. The brief averments therein are as follows:

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The petitioner has categorically stated that she resides in Guntur. However, the RTI replies issued by her employer, the Public Information Officer, ACSR Government Medical College, Nellore, confirm that she has been continuously employed as a Contract Staff Nurse since 09.02.2017 without any break and that she has been residing in the allotted Government Nursing Quarters (Block-I, Flat No.101) since 01.07.2020. The Court Amin of the Family Court, Nellore, served summons in F.C.O.P.No.415 of 2025 upon the petitioner at her Nellore residence in the said Government Quarters on 05.12.2025, and she personally signed and acknowledged

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the same. The respondent contends that the petitioner invoked the jurisdiction of the Guntur Court by suppressing her actual residence and employment at Nellore, solely to harass him. Both parties are presently residing and working at Nellore.

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

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Learned counsel for the petitioner submitted that after filing the petition for restitution of conjugal rights at Guntur, the respondent filed the divorce petition before the Family Court, Nellore, and the petitioner also herein initiated a domestic violence case at Guntur.

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Learned counsel for the respondent contended that on 11.11.2025, the respondent filed the divorce petition in F.C.O.P. No.415 of 2025 at Nellore. Thereafter, the petitioner filed a petition for restitution of conjugal rights on 12.11.2025 before the Family Court, Guntur, and also filed a domestic violence case vide CC/DVC/316/2025 at Guntur, followed by a complaint before the Mahila Police Station on 19.12.2025. Therefore, it is evident that the divorce petition was filed on 11.11.2025 by the respondent herein and thereafter the petitioner initiated the other proceedings at Guntur. Therefore, the contention of the petitioner that the divorce petition was filed subsequent to filing of her restitution petition is incorrect and without any substance.

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Learned counsel for the respondent further contended that both parties in F.C.O.P. No.415 of 2025 are presently residing at Nellore. The petitioner has been continuously employed as a Contract Staff Nurse since 09.02.2017 and is residing in the Government Nursing Quarters at Nellore. In support of this contention, prima facie documentary evidence has been produced by respondent along with the counter-affidavit.

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It was also brought to the notice of this Court by learned counsel for the respondent that summons in F.C.O.P. No.415 of 2025 were served upon the petitioner at her Nellore residence on 05.12.2025. The respondent contends that the present transfer petition is not maintainable, as the petitioner suppressed material facts and approached this Court under Section 24 of the Code of Civil Procedure, 1908.

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As seen from the prima facie material produced by the respondent along with the counter-affidavit, it is evident that the petitioner is residing in the Government Nursing Quarters, Block-I, Flat No.101, Nellore. When questioned by this Court, the learned counsel for the petitioner fairly conceded that the petitioner is residing at Nellore but not at Guntur and her parents are residing at Guntur. He further submitted that since the petitioner filed F.C.O.P. No.735 of 2025, before the Family Court at Guntur, to avoid conflict of decisions both cases to be tried by the same Court.

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As noticed supra, the divorce petition in F.C.O.P.No.415 of 2025 was filed by the respondent herein before the Family Court, Nellore, on 11.11.2025, thereafter on 12.11.2025, the petitioner filed F.C.O.P.No.735 of 2025, seeking restitution of conjugal rights before the Family Court, Guntur. It is also evident that the petitioner is residing in the Government Nursing Quarters at Nellore and is working as a Contract Staff Nurse in a Government hospital at Nellore. However, she stated in her affidavit filed in support of the transfer petition that she is residing at Guntur. Therefore, it is evident that the petitioner herein approached this Court seeking transfer of case by suppressing the material facts and that she is not entitled to the relief sought for, since she suppressed the material facts before this Court. The law is well settled that if a party does not disclose all the material facts fairly and truly but states them in a distorted manner and suppressed the truth, she is not entitled to any relief as sought for.

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For the aforesaid reasons, this Transfer Civil Miscellaneous Petition is devoid of merits and is liable to be dismissed. But, in view of the petitioner’s employment at Nellore, this Court is inclined to dispense with her personal appearance before the learned Judge, Family Court, Nellore, except on the days when her presence is required before the said Court as per law.

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With the above observations, the Transfer Civil Miscellaneous Petition is dismissed. The learned Judge, Family Court, Nellore is

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hereby directed not to insist upon the personal appearance of the petitioner herein i.e. the respondent in F.C.O.P.No.415 of 2025, as long as her 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 her crossexamination is required to be recorded or on any other day when her personal appearance is required before the Family Court, Nellore. 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: 02.03.2026 MH

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HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO

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