APHC010707012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] MONDAY,THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 428/2025 Between: 1. BATHINI HARIKA, W/O. B.UMA MAHESH BABU, D/O.B.JAGANNTHA AGE.21 YEARS, OCC. STUDENT, R/O. D NO.5-69, THANURU VILLAGE,DHONE MANDAL, NANDYAL DISTRICT. ...PETITIONER AND 1. B UMA MAHESH BABU, S/o B.Sreeramulu, aged 32 years, Hindu, r/o D.No.31-705, Kothapeta, Dharamvaram-51.5671. ...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 topleased to withdraw HMOP NO. 18 of 2025 on the file of the Honble Senior Civil judge, Dharmavaram, Ananthapuram District and to transfer the same to the Courts of Honble Senior Civil Judge Dhone, Nandyal District and pass IA 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 pleased to stay all further proceedings in HMOP NO. 18 of 2025 on the file of the Honble Senior Civil judge, Dharmavaram, Ananthapuram District pending disposal of Tr.CMP and to pass Counsel for the Petitioner: 1. KOTHAPALLI AISHWARYA CHOWDARY Counsel for the Respondent: 1. BANDI SRIHARI The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.428 of 2025 ORDER: 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.18 of 2025, on the file of the learned Senior Civil Judge, Dharmavaram, and transfer the same to the file of the learned Senior Civil Judge, Dhone. 2. The case of the petitioner, in brief, is as follows: I. The petitioner is the legally wedded wife of the respondent, and their marriage was performed on 29.08.2024, in the presence of both side elders and well-wishers at Sri Seetharamanjaneya, Kalyanamantapam, Dharmavaram as per the Hindu Rites and Caste Customs. After that, due to the matrimonial disputes between the spouses, the petitioner/wife is residing separately and she is pursuing her final year of B.Tech at Kurnool. She further pleaded that she does not have any financial resources and is completely dependent on her parents, who are old aged persons and residing at Dhone. II. The petitioner further pleaded that to cause incovenince and to harass her, the respondent/husband herein had field a divorce petition vide H.M.O.P.No.18 of 2025, on the file of the learned Senior Civil Judge, Dharmavaram, under Section 13(1)(i) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage, the same is pending for adjudication. 3. Learned counsel for the petitioner would contend that the petitioner/wife has been residing separately and pursuing her studies at Kurnool. He further contended that the distance between Kurnool and Dharmavaram is more than 200Kms and it is very difficult for her to travel to attend the divorce case proceedings filed by the respondent/husband herein before the learned Senior Civil Judge, Dharmavaram, on each and every date of adjournment without any male support and that she was constrained to file the present petition, seeking to withdraw H.M.O.P.No.18 of 2025 on the file of the learned Senior Civil Judge, Dharmavaram and transfer the same to the file of the learned Senior Civil Judge, Dhone. 4. The respondent has filed his counter-affidavit by denying the material allegations leveled in the transfer petition filed by the petitioner and there are no merits in the transfer petition filed by the petitioner and requested to dismiss the present Transfer Civil Miscellaneous Petition. 5. Heard Ms. K. Aishwarya Chowdary, learned counsel for the petitioner and Mr. Bandi Srihari, learned counsel for the respondent. Perused the material available on record. 6. Learned counsel for the respondent submitted that the respondent/husband herein is currently residing at Bangalore and working as a Software Engineer. 7. The material on record prima facie reveals that the the petitioner/wife has been residing separately and she is pursuing her studies at Kurnool. The material on record further revelas, that respondent/husband herein filed a divorce petition against the petitioner/wife vide H.M.P.No.18 of 2025 on the file of the learned Senior Civil Judge, Dharmavaram, under Section 13(1)(i) of the Hindu Marriage Act, 1955, seeking dissolution of marriage, and the same is pending for adjudication. It is an admitted fact that the respondent/husband is presently residing at Bangalore, and not at Dharmavaram. 8. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha1 held 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 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.” 9. On considering the submissions made by the learned counsel appearing for both sides and in view of the ratio laid down in the aforesaid case law 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 justifiable grounds to consider the request of the petitioner/wife to withdraw H.M.O.P.No.18 of 2025, on the file of the learned Senior Civil Judge, Dharmavaram and 1 2022 LiveLaw (SC) 627 transfer the same to the file of the learned Senior Civil Judge, Dhone. Considering the submissions made by the learned counsel for respondent that the respondent/husband is working as a Software Engineer and is residing at Bangalore and therefore, the personal appearance of the respondent/husband herein has been dispensed with before the transferee Court, except on the days when his personal presence is required before the learned Senior Civil Judge, Dhone. 10. In the result, the present petition is allowed and H.M.O.P.No.18 of 2025, on the file of the learned Senior Civil Judge, Dharmavaram, is hereby withdrawn and transferred to the learned Senior Civil Judge Court, Dhone. The learned Senior Civil Judge, Dharmavaram, shall transmit the entire case record in H.M.O.P.No.18 of 2025, to the file of the learned Senior Civil Judge Court, Dhone, duly indexed within a period of two (02) weeks from the date of receipt of a copy of the order. Both the parties are directed to appear before the learned Senior Civil Judge Court, Dhone on 29.06.2026 at 10:30.A.M., later, the learned Senior Civil Judge Court, Dhone, is directed not to insist for the personal appearance of the respondent/husband i.e., the petitioner in H.M.O.P.No.18 of 2025, which is now under orders of transfer, as long as his counsel is attending the Court proceedings and representing the case except on the day when re-conciliation proceedings are being taken up or on the day when his cross-examination is required to be recorded or on any other day when his personal appearance is required as directed by the learned Senior Civil Judge Court, Dhone. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. _______________________________ JUSTICE V.GOPALA KRISHNA RAO Date: 27.04.2026 LSP