Dumpa Satyanarayana Vs Dumpa Gowri — Maintenance and Alimony | Andhra Pradesh HC (2026)

Dumpa Satyanarayana Vs Dumpa Gowri — Maintenance and Alimony | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Transfer Criminal Petition disposed of at the stage of admission: the prayer to withdraw/transfer M.C.No.02 of 2025 from Vizianagaram to Visakhapatnam or elsewhere was refused; the personal appearance of the petitioner/husband in the M.C. was dispensed with, conditional on appearance when directed by the trial Judge; no order as to costs; pending miscellaneous petitions and any interim order stand closed.

Issue for consideration

Whether M.C.No.02 of 2025 (wife's maintenance case) pending before the Principal Junior Civil Judge, Vizianagaram should be withdrawn and transferred to a competent Family Court or any court at Visakhapatnam or adjoining district, given the petitioner-husband's posting as a Government Teacher at Payakaraopeta, Anakapalli District (approximately 140 km away). +1 more

Court's answer

It is not a fit and proper case to transfer M.C.No.02 of 2025 from Vizianagaram to the place of residence of the petitioner/husband.

Ratio / Principle

The Court found no valid grounds to entertain the petitioner's request to withdraw M.C.No.02 of 2025 from the file of the Principal Junior Civil Judge, Vizianagaram and transfer it to any other competent Family Court or any Court at Visakhapatnam.

Key takeaways

Since the petitioner had engaged an Advocate before the Principal Junior Civil Judge, Vizianagaram, his personal appearance as respondent in M.C.No.02 of 2025 is dispensed with, on condition that he appears before that Court as and when directed by the learned trial Judge.ratio¶32

Detailed headnote1 paragraphs

Transfer Criminal Petition No.127 of 2025, filed by the husband under Section 447 of the Bharatiya Nagarik Suraksha Sanhita Act, 2023, sought withdrawal of M.C.No.02 of 2025 (a maintenance case filed by the wife, respondent No.1) from the Principal Junior Civil Judge, Vizianagaram and its transfer to a competent Family Court or any Court at Visakhapatnam or an adjoining district, on the ground that the petitioner, a Government Teacher posted at Payakaraopeta, Anakapalli District, had to travel approximately 140 km. HELD: since the wife filed the maintenance case at Vizianagaram and the petitioner had already engaged a counsel there, it is not a fit and proper case to transfer the M.C.; accordingly no valid grounds existed to shift it. However, as counsel was on record at Vizianagaram, the petitioner's personal appearance was dispensed with, subject to his appearing as and when directed by the trial Judge. Petition disposed of at the stage of admission; no order as to costs; connected miscellaneous petitions/interim orders closed. (Single Judge: Justice V. Gopala Krishna Rao; 21.01.2026)

[3397]

APHC010683582025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 127/2025

Between:

1.DUMPA SATYANARAYANA, S/O YERRAYYA REDDY, HINDU, AGED 40 YEARS, R/AT C/O SONTI KRISHNAVENI HOUSE, RAJUGARI BEEDU, NEAR MANNA PUBLIC SCHOOL, BACK SIDE OF TIRUMALA HOSPITAL, PAYAKARAOPETA, ANAKAPALLI DISTRICT, ANDHRA PRADESH - 531126.

...PETITIONER

AND

1.DUMPA GOWRI, W/O. DUMPA SATYANARYANA, HINDU, AGED 36 YEARS, R/O DOOR NO. 2-64, KOTHA CHERUKUPALLI, BHOGAPURAM MANDAL, CHITTIVALASA PO, BHOGAPURAM, VIZIANAGARAM DISTRICT, ANDHRA PRADESH - 531162.

2.SRI DUMPA VEERA VAMSI KRISHNA, S/O. DUMPA SATYANARYANA, HINDU, AGED 11 YEARS, R/O DOOR NO. 2-64, KOTHA CHERUKUPALLI, BHOGAPURAM MANDAL, CHITTIVALASA PO, BHOGAPURAM, VIZIANAGARAM DISTRICT, ANDHRA -

PRADESH 531162. (THE 2ND PETITIONER BEING MINOR REPRESENTED BY HIS MOTHER, I.E., 1 ST PETITIONER)

3.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, AT ANDHRA PRADESH HIGH COURT.

...RESPONDENT(S):

pleased to withdraw M.C. No. 02/2025 from the file of the Court of the HONOURABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE AT VIZIANAGARAM, and transfer the same to the file of any other competent Family Court or to any court trying matters under Hindu Marriage Act(U/S 144 of BNSS) in VISAKHAPATNAM District or any other adjoining District, 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 pleased to grant an interim order of stay of all further proceedings in M.C. No. 02/2025 on the file / of the Court of HONOURABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE AT VIZIANAGARAM , and pass Counsel for the Petitioner:

1.AKULA VAMSI SANGEETH KUMAR Counsel for the Respondent(S):

1.PUBLIC PROSECUTOR

The Court made the following:

THE HON ’ BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.127 of 2025

ORDER:

The petitioner herein filed the present petition under Section 447 of Bharatiya Nagarik Suraksha Sanhita Act, 2023, seeking to withdraw M.C.No.02 of 2025 from the file of the Principal Junior Civil Judge, Vizianagaram and transfer the same to the file of any other competent Family Court or to any Court trying matters under ‘ The Hindu Marriage Act, 1995, (under Section 144 of B.N.S.S. Act, 2023) ’ at Visakhapatnam, or any other adjoining District, for trial and disposal of the same.

Learned counsel for the petitioners submitted that petitioner herein, is working as a Government Teacher and currently posted at Payakaraopeta, Anakapalli District, the distance between Payakaraopeta and Vizianagaram is approximately 140Kms and it is very difficult for the petitioner to travel to attend the case proceedings before the Court at Vizianagaram. He further submitted that the petitioner herein has engaged a counsel before the Principal Junior Civil Judge, Vizianagaram.

Learned counsel for the petitioner further submitted that he filed a proof of service memo before the Registry, dated 08.01.2026 vide U.S.R.No.3304 of 2026 along with the Postal Track Consignment Sheet downloaded from the Postal Department Website and the same has been placed on record. As per the Postal Track Consignment Sheet, the registered notice sent to the respondent No.1/wife and the same was served on 06.01.2026.

Heard Mr. Akula Vamsi Sangeetha Kumar, learned counsel for the petitioners and learned Assistant Public Prosecutor appearing on behalf of respondent No.3/State. Though notice has been served, there is no representation on behalf of other respondent No.1/wife. The respondent No.2 is a minor son represented by his mother i.e. respondent No.1.

Perused the material available on record.

6 . As seen from the material on record, the respondent No.1/wife has filed a maintenance case, vide M.C.No.02 of 2025, before the Principal Junior Civil Judge, Vizianagaram, seeking maintenance from the petitioner herein. Therefore, it is not a fit and proper case to transfer the said M.C.No.02 of 2025 from Vizianagaram, to the place of residence of the petitioner/husband herein. The material on record further goes to show that the petitioner/husband herein is working as a Government Teacher and is presently posted at Payakaraopeta, Anakapalli District. Since the petitioner has engaged an Advocate before the Principal Junior Civil Judge, Vizianagaram, therefore, his personal appearance need not be required on every date of hearing, as long as his counsel on record is available before the said Court.

For the aforesaid reasons, I do not find any valid grounds to consider the request made by the petitioner herein, seeking to withdraw M.C.No.02 of 2025 from the file of the Principal Junior Civil Judge, Vizianagaram and transfer the same to the file of any other competent Family Court or to any Court at Visakhapatnam. Further, on considering the submissions made by the learned counsel for the petitioner, the personal appearance of the

petitioner herein i.e. respondent in M.C.No.02 of 2025 is dispensed with, on a condition that he shall appear before the Principal Junior Civil Judge, Vizianagaram, as and when directed by the learned trial Judge.

With the above observations, the Transfer Criminal petition is disposed

of at the stage of admission. 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: 21.01.2026 CVD/JLSR