1 AHHS,J Tr.C.M.P.No. 298 of 2024 Date of reserved for orders : Date of pronouncement : 17.07.2026 Date of uploading : APHC010399012024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3520] FRIDAY, THE 17th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANS. CIVIL MISC.PETITION NO: 298 of 2024 Between: 1. PULAKANAM SRI HARSHA SRIVIDYA @ HARSHA SRIVIDYA, W/O.SAI KRISHNA, AGED ABOUT 30 YEARS. PRIVATE EMPLOYEE, R/O.D.NO.8-6-81, 5TH LANE, NEHRU NAGAR, KOTHAPET, GUNTUR DISTRACT. ...PETITIONER AND 1. PULAKANAM SAI KRISHNA, S/o.Sridhar Rao, Aged about 31 years. Private employee, R/o.Kojjilipet, Machilipatnam, Krishna District. ...RESPONDENT Counsel for the Petitioner: 1. NARASIMHA RAO GUDISEVA Counsel for the Respondent: 1. MALLAVOLU NIKITHA The Court made the following: 2 AHHS,J Tr.C.M.P.No. 298 of 2024 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANS. CIVIL MISC.PETITION NO: 298 of 2024 ORDERS: 1. This is an application filed by the Respondent in H.M.O.P.No. 136 of 2023 on the file of Principal Civil Judge (Senior Division), Machilipatnam, Krishna District, with a prayer for withdrawal and transfer of the case to the Court of Judge, Family Court –cum- XII Additional District Judge at Guntur, Guntur District. 2. The petitioner herein is the wife and the respondent herein is her husband in H.M.O.P.No.136 of 2023. 3. H.M.O.P.No.136 of 2023 was filed with a prayer for dissolution of marriage and for grant of divorce. The petitioner now prays for withdrawal and transfer of the said case on the grounds: i. She has tender aged boy (who is aged one year and eight months (as on the date of filing of the petition); ii. She is depending on her parents and her parents are aged and ailing; iii. The distance between Machilipatnam and Guntur is 102 K.ms; iv. She has no male assistance; v. There are physical and financial difficulties for her to travel. 4. The application is opposed by the Respondent – husband on the grounds: i. The petition allegations are invented and far from truth; 3 AHHS,J Tr.C.M.P.No. 298 of 2024 ii. The petitioner need not attend every adjournment at Machilipatnam and she can take assistance of the counsel; iii. If the respondent has to attend before the Family Court at Guntur, he has to attend for every adjournment and he has to travel from Machilipatnam to Guntur. iv. The respondent is staying at Hyderabad. v. A person initiating legal proceedings is a dominos litis and he may choose his forum. 5. Heard both sides counsel. 6. In submitting arguments learned counsel for petitioner reiterated the contentions in the petition. Learned Counsel for respondent while submitting arguments in detail reiterated the counter contentions with regard to principle of the dominus litis, access to justice and constitutional rights etc.,. 7. Upon considering the facts and circumstances mentioned above and grounds urged by both parties and the observations of the Hon’ble Apex Court in– (1). GEETHA HEERA Vs HARISH CHANDER HEERA1 “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”. (2). N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha2 held as follows: 1 (2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 4 AHHS,J Tr.C.M.P.No. 298 of 2024 "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." the prayer in the petition for transfer of the case from the file of Principal Civil Judge (Senior Division), Machilipatnam, Krishna District, to the Court of Judge, Family Court –cum- XII Additional District Judge at Guntur, Guntur District, found convincing. The grievance of the respondent – husband can be addressed upon the Family Court, Guntur, with a request to the Family Court not to insist the presence of the respondent unless his presence is necessary for proceedings like conciliation process and evidence, if his counsel present and makes an application. 8. In view of the discussion made above, the petition is allowed, as follows:- i. H.M.O.P.No. 136 of 2023 on the file of Principal Civil Judge (Senior Division), Machilipatnam, Krishna District is withdrawn and transferred to the Court of Judge, Family Court –cum- XII Additional District Judge at Guntur, Guntur District, for trial and disposal, according to law. 5 AHHS,J Tr.C.M.P.No. 298 of 2024 ii. Learned Principal Civil Judge (Senior Division), Machilipatnam, Krishna District, is directed to transmit the record in H.M.O.P.No.136 of 2023 forthwith, after duly indexed. iii. Learned Judge, Family Court –cum- XII Additional District Judge at Guntur, Guntur District, is directed to dispose of the case in accordance with Law by giving fair opportunity to both parties and dispose of after exhausting conciliation steps once again. iv. Presence of the respondent/husband need not be insisted, if his Advocate is present and makes a request, unless his presence is very much necessary for the steps like conciliation and evidence. 9. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, pending miscellaneous applications, if any, shall stand closed. ________________________________________ SRI JUSTICE A. HARI HARANADHA SARMA,J Dated 17.07.2026 KS Whether the order is : Speaking: Yes Reasoned : Yes Reportable: No Non-Reportable: Yes 6 AHHS,J Tr.C.M.P.No. 298 of 2024 125 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANS. CIVIL MISC.PETITION NO: 298 of 2024 Dated:17.07.2026. KS