Returi @ MankuKumari Jhansi Rani, v. Returi Somasekhara Lakshmi Kumar,
TRCMP/332/2024 · 2026-07-21
A Hari Haranadha Sarma
body2024
DailyLaw.ai
[ 2024 DAILYLAW 1965 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 1965 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 AHHS,J Tr.C.M.P.No. 332 of 2024 Dated 22.07.2026
APHC010436492024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3520] WEDNESDAY, THE 22nd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANS. CIVIL MISC.PETITION NO: 332 of 2024 Between:
1. RETURI @ MANKUKUMARI JHANSI RANI,, W/O. R. SOMASEKHARA LAKSHMI KUMAR AGED ABOUT 28 YEARS, OCC DOMESTIC HELP, C/O. KIRLAMPUDIBRAHMAM, R/O. D.NO. 19-01-105, 31ST WARD, MUNASUBUGARI STREET, CHINAMAMIDIPALLI, NARASAPURAM, WEST GODAVARI DISTRICT. ...PETITIONER AND
1. RETURI SOMASEKHARA LAKSHMI KUMAR, S/o. Srinivasacharyulu, Aged about 28 years, R/o. Godugupet, Machilipatnam, Krishna District. ...RESPONDENT Counsel for the Petitioner:
1. MEDAPATI SANTOSH REDDY Counsel for the Respondent:
1. GHANTASALA UDAYA BHASKAR The Court made the following:
2 AHHS,J Tr.C.M.P.No. 332 of 2024 Dated 22.07.2026
THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANS. CIVIL MISC.PETITION NO: 332 of 2024 ORDER:
1. Petitioner herein is respondent in HMOP No.164 of 2024 on the file of Principal Civil Judge (Senior Division) Court, Machilipatnsm. She moved the present application with a prayer for withdrawal and transfer of the said case from the file of Principal Civil Judge (Senior Division) Court, Machilipatnam, to the file of Civil Judge (Senior Division) Court, Narasapuramu, West Godavari District. 2. H.M.O.P.No. 164 of 2024 is filed by the husband seeking the relief of dissolution of marriage and grant of divorce. 3. Counter is not filed by the respondent, but, orally opposed the application. 4. The grounds on which the petitioner is seeking transfer are that - she has no financial and physical support; she has a child of 14 months old, her travel to Machilipatnam from Narsapuramu will expose her to financial and physical troubles. She has threats in view of the absence of matrimonial harmony and the litigations in between the parties. 5. Application is opposed by the respondent, contending that it is equally difficult for the respondent husband who is having no sufficient source to travel from Machilipatnam to Narasapuramu. 3 AHHS,J Tr.C.M.P.No. 332 of 2024 Dated 22.07.2026
6.
Upon considering the facts and circumstances stated above and the grounds asserted and urged during the arguments and upon the considering the observations of the Honourable Apex Court in – 1) GEETHA HEERA Vs HARISH CHANDER HEERA1 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”. 2) N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha2:
"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 learned Principal Civil Judge (Senior Division) Court, Machilipatnsm, found convincing. 7. Accordingly, the Petition is allowed as follows: i. H.M.O.P.No 164 of 2024 is withdrawn from the file of Principal Civil Judge (Senior Division) Court, Machilipatnam and transferred to the file of Civil Judge (Senior Division) Court, Narasapuramu. 1 (2000) 10 SCC 304 2 2022 LiveLaw (SC) 627
4 AHHS,J Tr.C.M.P.No. 332 of 2024 Dated 22.07.2026
ii. Learned Principal Civil Judge (Senior Division), Machilipatnam is directed to transmit the case forthwith, duly indexed. iii. The Civil Judge (Senior Division), Narasapuramu is directed to dispose of the case as expeditiously as possible, preferably within 6 months, as par law, by giving fair opportunity to both parties; and iv.
The Civil Judge (Senior Division), Narasapuramu need not insist the presence of the husband unless his presence is necessary for conciliation process and his evidence etc., and the request, if any, made by the husband for dispensing his appearance may be considered on any reasonable grounds. 8. 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 22.07.2026 KS
Whether the order is :
Speaking: Yes Reasoned : Yes Reportable: No Non-Reportable: Yes
5 AHHS,J Tr.C.M.P.No. 332 of 2024 Dated 22.07.2026
229 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
TRANS. CIVIL MISC.PETITION NO: 332 of 2024
Dated:22.07.2026. KS