APHC010183842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Vi . / MONDAY, THE FOURTH DAY OF AUGUSlfg TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 130 OF 2025 1 ( O Vv.'. BETWEEN: K.M.Shireesha, W/o. Mattam Rajesh Kumar, D/o. Eswaraiah, Age 30 years, Hindu, ward, Kalyandurgam Town, Anantapur District - 515761. Kokila Thotamatam R/o. D.No.3-128, Parvathi Nagar, 8th ...Petitioner/Respondent AND Mattam Rajesh Kumar, S/o. Mattam Mallaiah, Age; 38 years, Occ; Private Employee, R/o. D.No.43, Chintha Komadinne Village and Mandal Kadapa District. YSR ...Respondent/Petitioner 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 transfer HMOP.No.104 of 2024 on the file court of the Hon'ble Additional Civil Judge (Senior Division), Kadapa, to the Court of the Hon'ble Civil Judge (Senior Division), Anantapur or any other Court in Anantapuram 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 for all further proceedings in HMOP. No. 104/ 2024 on the file court of the Hon’ble Additional Civil Judge(Senior Division), Kadapa. Counsel for the Petitioner:- SRI INENI VENKATA PRASAD Counsel for the Respondent:— The Court made the following Order: / • THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.130 of 2025 ORDER: Today when the matter is taken up for hearing, Sri l.Venkata Prasad, learned counsel for the petitioner has represented through virtual hearing that the proof of service memo dated 29.07.2025, along with the postal track consignment sheet downloaded from the Postal Department Website 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 11.07.2025. Therefore, service held sufficient. None appeared for on him on the respondent. 2. The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw H.M.O.P.No.104 of 2024, the file of the Additional Senior Civil Judge, Kadapa and transfer the same to the Senior Civil Judge, Anantapur. on The case of the petitioner in brief is as follows: 3. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Anantapuramu District on 07.12.2019, per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife along with a male child aged about 3 years are staying at her parents’ house at Kalyanadurgam Town, Anantapur District and depending upon the mercy of her parents. I. as 2 The learned counsel for the petitioner would contend that to the respondent/husband cause inconvenience to the petitioner, H.IVI.O.P.No.104 of 2024, filed on the file of the Additional Senior Civil Judge Court, Kadapa, under Section 13(1)(ia)(ib) of the Hindu Marriage Act 1955, seeking for dissolution of marriage. II. Learned counsel for the petitioner further being a woman, depending difficult for her to travel at contended that the petitioner upon the mercy of her parents, it is very a distance of more than 260 Anantapur District to Kadapa for attending the Court proceedings before the learned Additional Senior Civil Kms from Judge Court, Kadapa, without was constrained to file the any male support and that she present petition to withdraw H.M.O.P.No.104 Civil Judge, Kadapa and Anantapur. against the respondent/husband seeking of 2024, on the file of the Additional Senior transfer the same to the Senior Civil Judge 4. Heard Sri I.Venkata Prasad registered notice sent to the for the respondent. Therefore available on record. The material learned counsel for the petitioner, respondent was served Though on him, none appeared service held sufficient. Perused the material 5. on record prima facie goes to show that in view of the the parties, the petitioner/wife along with a years are staying at her parents’ house at . The respondent/husband has filed on the file of the Additional Senior Civil Judge Court, matrimonial disputes between both male child aged about 3 Kalyanadurgam Town, Anantapur District H.M.O.P.No.104 of 2024, 3 / Kadapa, 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.” The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha^ held as follows: 6. 7. “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 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." 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 H.M.O.P.No.104 of 2024, on the file of the / are 8. ' (2000) 10 see 304 ^ 2022 LiveLaw (SC) 627 4 Additional Senior Civil Judge Court, Anantapur. Kadapa and transfer the same to the Family 9. In the result, the 2024, on the file of the withdrawn and transferred present petition is allowed and H.M.O.P.No. Additional Senior Civil 104 of Judge, Kadapa, is hereby Anantapur. The Additional enior Civil Judge, Kadapa, shall transmit the case record in H.M.O.P.No.104 expeditiously as the date of receipt of 2024 to the Family Court Anantapur, duly indexed as possible preferably within of a copy of the order. There shall a period of two (02) weeks from be no order as to costs. As a sequel, miscellaneous petitions, i order granted earlier, it any, shall if any pending and the Interim stand closed. Sd/- G HELA NAIDU assistant registrar //TRUE COPY// SECTION OFFICER \ To. 1. The Additional Civil Judge (Senior Division), Kadapa. 2. The Civil Judge(Senior Division), Anantapuram. 3. One CC to Sri. Ineni Venkata Prasad 4. Two C.D Copies. Advocate [OPUC] Ssl vna HIGH COURT DATED:04/08/2025 ORDER TRCMP NO. 130 OF 2025 1 3 AUG 2025 zc o Co ■as ^ir ALLOWING THE TRCMP