1 AHHS,J Tr.C.M.P.No. 420 of 2024 Dated 07.08.2026 APHC010560402024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3520] FRIDAY, THE 7th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANS. CIVIL MISC.PETITION NO: 420 OF 2024 Between: 1. SMT CHAPPA PYDIRAJU @ RAJI, WIFE OF SATYANARAYANA, D/O BADIGANTI SITHA RAMAYYA, AGED 48 YEARS, RESIDING AT BLOCK NO.21, GROUND FLOOR-3, AMARAVATHI NAGAR COLONY, NEAR KOMMADI, MADHURAWADA, VISAKHAPATNAM-530048 ...PETITIONER AND 1. SRI CHAPPA SATYANARAYANA, Son of late Busalayya, Hindu, aged about 55 years. Residing at D.N0.46-A, GF- 11, Vambay Colony, Madhurawada, Visakhapatnam- 530048, Presently residing at Kanyakaparameswari Old Age Home, Nellimarla Village, Mandal, Vizianagaram District ...RESPONDENT Counsel for the Petitioner: 1. POOLLA SRAVANTH Counsel for the Respondent: 1. KOTHA NAGA SURYA RAO The Court made the following: 2 AHHS,J Tr.C.M.P.No. 420 of 2024 Dated 07.08.2026 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANS. CIVIL MISC.PETITION NO: 420 OF 2024 ORDER: 1. Petitioner is the wife and respondent is her husband. 2. For the sake of convenience, parties are hereinafter referred to as wife and husband. 3. Husband filed H.M.O.P.No.119 of 2024 on the file of Civil Judge (Senior Division) Court, Vizianagaram seeking the relief of dissolution of marriage and grant of divorce. 4. Petitioner/wife filed the main transfer petition for transfer of the said case to the Court of Family Court, Visakhapatnam. 5. The grounds on which the petitioner/wife is seeking transfer are that- i. She along with her children is residing at Visakhapatnam. ii. Her daughter is studying 10th class and her son is studying B.Tech... iii. She has no financial or physical support of anybody, and iv. The proceedings at Vizianagaram are initiated to harass her. 3 AHHS,J Tr.C.M.P.No. 420 of 2024 Dated 07.08.2026 6. The objections of the respondent as per counter affidavit are that- he is residing in old-age home, there is road and rail connectivity to Vizianagaram from Visakhapatnam, the inconvenience by itself is not a ground for transfer. Therefore, there are no grounds. 7. Learned Counsel for both sides reiterated the grounds urged in their respective pleadings. 8. Upon considering the nature of litigation, residence of the wife with the children separately, that the respondent - husband claiming to be living in some old-age home, age of the respondent as 55 years and age of the petitioner is 48 years and in view of the observations of the Honourable Apex Court in - i. 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". ii. N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha2 at para No.9:- "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 1 (2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 4 AHHS,J Tr.C.M.P.No. 420 of 2024 Dated 07.08.2026 pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their whose protective 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 Civil Judge (Senior Division) Court, Vizianagaram, found convincing. 9. In view of the reasons stated above, the Petition is allowed as follows: i. H.M.O.P.No.119 of 2024 is withdrawn from the file of Civil Judge (Senior Division) Court, Vizianagaram and transferred to the file of Family Court, Visakhapatnam. ii. Learned Civil Judge (Senior Division), Vizianagaram, is directed to transmit the case records forthwith, duly indexed. iii. The Judge, Family Court, Visakhapatnam, is directed to dispose of the case as par law, by giving fair opportunity to both parties, as expeditiously as possible, preferably within 12 (twelve) months from the date of receipt of record. iv. The Judge, Family Court, Visakhapatnam, is directed not to insist the presence of the respondent-husband, unless it is necessary for the purposes like his evidence and conciliation process, if any, and his request 5 AHHS,J Tr.C.M.P.No. 420 of 2024 Dated 07.08.2026 for dispensing his appearance may be considered, if, it is on any reasonable grounds and his counsel is present and cooperates for the progress of the case. v. Both parties are directed to cooperate for speedy and expeditious disposal of the case. 10. 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 07.08.2026 KS Whether the order is: Speaking: Yes Reasoned: Yes Reportable: No Non-Reportable: Yes 6 AHHS,J Tr.C.M.P.No. 420 of 2024 Dated 07.08.2026 71 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANS. CIVIL MISC. PETITION NO: 420 of 2024 Dated:07.08.2026. KS