APHC010172332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE V". PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 125 OF 2025 Between: Mallipeddi Triveni, w/o Venkata Satyanarayana, D/o. Nelapati Prasad Rao, Aged about 34 years, Occ: house wife. Resident of Morjampadu Village, Machavaram Mandal, Palnadu District, A.P. ...Petitioner AND Aged about 37 Rajanagaram Village, Hamlet of Mallipeddi Venkata Satyanarayana, S/o Venkatesh years, Occ; Agriculture, D.No.4-71 Gunparamandinne Village, Sirivel Mandal, Kurnool District, A.P ...Respondent Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to Transfer M.O.P 28 of 2019 from the Senior Civil Judge Court, Allagadda, Kurnool District AP to the court of Senior Civil Judge, Gurazala Guntur District Andhra Pradesh. Petition under Section 24 of the C.P.C. lA 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 to grant stay of all further proceedings in M.O.P 28 of 2019 on the file of the r / Senior Civil Judge Court, Allagadda, Kurnool District A.P., pending disposal of the above Tr.C.M.P. // Counsel for the Petitioner: Sri Ponnekanti Mailikarjuna Rao, Advocate Counsel for the Respondent: -- The Court made the following Order: M THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.125 of 2025 ORDER: Today when the matter is taken up for hearing, Sri P.Mallikarjuna Rao, learned counsel for the petitioner has represented through virtual hearing that the proof of service memo dated 17.07.2025, along with the postal track consignment sheet is filed before the Registry and the same is placed on the record. As per the track consignment sheet, the registered notice sent to the respondent was served on him on 14.07.2025. Therefore, service held sufficient. None appeared for the respondent. 2. The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw M.O.P.No.28 of 2019, on the file of the Senior Civil Judge Court, Allagadda, Kurnool District and transfer the same to the Senior Civil Judge Court, Gurazala. 3. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Rajanagaram Village on 11.06.2011, as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Morjampadu Village, Machavaram Mandal, Palnadu District and depending upon the mercy of her parents. The petitioner pleaded that she had lodged a complaint before the Machavaram Police Station 2 under section 85 BNS Prohibition Act vi ^rid under Sections 3 & 4 of the Dowry pending for she had filed a vide Cr.N0.93 of 2024 and the same is investigation. The Domestic Violence Case vide M.C. Court at Piduguralla proceedings in the Pidugura/la. The learned cause i petitioner further Case vide D.V.C.No P'eaded that ■15 of 2022 on the file of the ond a Maintenance Pirst Class '^0-3 of 2025 ''Magistrate attending the Court and the '■espondent/husband iIS aforesaid cases before the competent Court at counsel for the petitioner would contend that to respondent/husband inconvenience to the petitioner, the filed of 2019, on the file of the Senior Civil Allagadda, 'lodge Court, )wa)(ib; of the Hindu Kornool District, 1955, counsel for the under Sectin seeking for dissolutio petitioner further opon the a distance Palnadu District the learned on 13(1 Marriage Act "■ Learned being a n of marriage. contended that the mercy of her petitioner woman, difficult for her depending to travel Mandal, parents, it is very 300 Kms from of more than to Allagadda for Senior Civil Machavaram Court attending the proceedings before A//agadda, Kurnool 'lodge Court, support and that she District, '^'thout any male present petition constrained to file was the against the '■espondent/husband Oh the file of the Senior ®oeWng to withdraw -'odge Court, Senior M.O.P.No.28 of 2019 Kurnool District ■ Gurazala. Civil Allagadda, Civil Judge Court and transfer the same to the 3 4. Heard Sri P.Mallikarjuna Rao, learned counsel for the petitioner. Though registered notice sent to the respondent was served on him, none appeared for the respondent. Therefore, service held sufficient. Perused the material available on record. The material on record prima facie goes to show that in view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Morjampadu Village, Machavaram Mandal, Palnadu District and she had lodged a complaint before the Machavaram Police Station under section 85 BNS and under Sections 3 & 4 of the Dowry Prohibition Act vide Cr.No.93 of 2024 and the same is pending for investigation and she had also filed a Domestic Violence Case vide D.V.C.No.15 of 2022 and a Maintenance Case vide M.C.No.3 of 2025, on the file of the First Class Magistrate Court at Piduguralla. respondent/husband has filed M.O.P.No.28 of 2019, on the file of the Senior Civil Judge Court, Allagadda, Kurnool District, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage. The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER HEERA\ held by considering the fact 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.” _ 5. The 6. - ^2000) 10 see 304 i-f 4 7. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha^ held as follows; “9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure Is that the ends ofjustice 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 paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer. ” economic On considering the submissions made by the learned counsel for the petitioner and in view of the ratio laid down in the aforesaid case laws that in matrimonial proceedings, the convenience of the wife has to be considered than that of the inconvenience of the husband. Therefore, this Court is of the considered view that there are grounds to consider the request of the petitioner/wife to withdraw M.O.P.No.28 of 2019, on the file of the Senior Civil Judge Court, Allagadda, Kurnool District and transfer the same to the Senior Civil Judge Court, Gurazala. 8. In the result, the present petition is allowed and M.O.P.No.28 of 2019, on the file of the Senior Civil Judge Court, Allagadda, Kurnool District, is 9. ^ hereby withdrawn and transferred to the Senior Civil Judge Court, Gurazala. Vhe Senior Civil Judge Court, Allagadda Kurnool District, shall transmit the ^ 2022 LiveLaw (SC) 627 ft 5 case record in M.O.P.No.28 of 2019 to the Senior Civil Judge Court, Gurazala duly indexed as expeditiously as possible preferably within a period (02) weeks from the date of receipt of a copy of the order. There shall ^ !G « I "\ tifi / order as to costs. - a As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Senior Civil Judge, Allagadda, Kurnool, District, A.P. 2. The Senior Civil Judge, Gurazala, Guntur District, A.P. 3. Mallipeddi Triveni, w/o Venkata Satyanarayana, D/o. Nelapati Prasad Rao, Aged about 34 years, Occ: house wife. Resident of Morjampadu '* ■ Village, Machavaram Mandal, Palnadu District, A.P. 4. Mallipeddi Venkata Satyanarayana, S/o Venkatesh, Aged about 37 years, Occ; Agriculture, D.No.4-71, Rajanagaram Village, Hamlet of Gunparamandinne Village, Sirivel Mandal, Kurnool District, A.P 5. One CC to Sri Ponnekanti Mallikarjuna Rao, Advocate [OPUC] 6. Two CD Copies 7 GPC vna 1 HIGH COURT DATED: 18/07/2025 ANDH^ X 3 ' JU! M?5 ^ . Current Section ORDER TRCMP NO. 125 OF 2025 m Co ALLOWING THIS TRANSFER CIVIL MISCELLANEOUS PETITION