1 AHHS,J Tr. CMP.No. 311 of 2024 APHC010322242024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE 5th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANS. CIVIL MISC.PETITION NO: 311 OF 2024 Between: 1. NAGELLA SUDHARANI, W/o.B.GIad Stone, D/o.ObuIesu, Aged about 29 years, Occ House Wife, R/o.D.No.9-2-1, LM Compound, Allagadda Town and Mandal, Nandyal District. ...Petitioner AND 1. B Glad Stone, S/o.M.Samuel, Aged about 32 years, Occ Private Employee, R/o.D.No.9-182-A, Opp Horeb Church, Gooty R.S., Gooty Mandal, Ananthapur District. ..Respondent 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 to Pleased to withdraw the DOP No. 17/2024 on the file of the Principal District Judge, Ananthapur and transfer the same to District Judge, Nandyal District at Allagadda in the interest justice. Counsel for the Petitioner: P NAGENDRA REDDY Counsel for the Respondent N CHANDRA SEKHAR REDDY The Court made the following order: 2 AHHS,J Tr. CMP.No. 311 of 2024 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANSFER CIVIL MISCELLANEOUS PETITION No: 311 OF 2024 ORDER: 1. The petitioner herein is wife and the respondent is her husband. 2. For the sake of convenience the parties will be referred to as wife and husband. 3. The husband has initiated the legal proceedings for restitution of conjugal rights invoking the Sec. 32 of Indian Divorce Act vide D.O.P. No. 17 of 2024 on the file of Principal District Judge’s Court, Ananthapuram. 4. The wife prays for withdrawal and transfer of said case, which is pending on the file of VI Additional District Judge’s Court, Gooty to the III Additional District Judge’s Court, Nandyal. 5. The grounds urged by the petitioner seeking transfer of the D.O.P. No. 17 of 2025 are: i. She has initiated the legal proceedings vide D.V.C. No. 36 of 2023 and the same is pending before the file of Judicial Magistrate of I Class, Allagadda. ii. She resides at Allagadda. iii. She is depending upon her parents. 3 AHHS,J Tr. CMP.No. 311 of 2024 iv. She has initiated M.C. No. 36 of 2023 for maintenance before the Judicial Magistrate of I Class, Allagadda. 6. The learned counsel for the respondent opposed the transfer of said case to Allagadda, stating that the father of the petitioner is an Advocate and Influential person in Allagadda. 7. In N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha1, the Hon’ble Supreme Court of India at para No.9 of the judgment, observed as follows: “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 behavioral 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.” 8. Upon considering the grounds urged and also the legal possession covered in Para No.9 of the N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha case, the prayer for transfer is found convincing. 1 2022 SCC Online SC 1199 4 AHHS,J Tr. CMP.No. 311 of 2024 9. Accordingly, the Petition is allowed as follows: i. The D.O.P. No. 17 of 2024 pending before the VI Additional District Judge’s Court, Gooty is withdrawn and transferred to the Court of III Additional District Judge’s Court, Nandyal. ii. The VI Additional District Judge, Gooty is directed to transmit the record duly annexed. iii. The learned III Additional District Judge, Nandyal is directed to dispose of the case in D.O.P. No. 17 of 2024 by giving fair opportunity to both sides. iv. The respondent / husband is at liberty to seek exemption from his appearance and the same may be considered unless his presence is necessary in the considered view of the III Additional District Judge, Nandyal. v. No order as to costs; Consequently, miscellaneous applications pending, if any, shall stand closed. ______________________________________ A. HARI HARANADHA SARMA, J Dated 05.08.2026 JAK 5 AHHS,J Tr. CMP.No. 311 of 2024 82 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANS. CIVIL MISCELLANEOUS PETITION NO: 311 of 2024 Dated:05.08.2026. JAK