APHC010524292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] THURSDAY,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 321/2025 Between: 1. K. YASESWINI, D/O K.VENU GOPAL, AGE 32 YEARS, OCC HOUSE WIFE, R/O 22-292-51-C-B, KURUVAGERI GUNTAKAL, ANANTAPUR DISTRICT ...PETITIONER AND 1. S UDAY KUMAR, s/o Sivaji, Aged 34 Years, Occ Director, U-Shine Defense Academy, Kuappam R/o P.B.Wada Village, Gudupalli Mandal Chittoor 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 tomay be pleased to withdraw the HMOP.No.126 of 2025 on the file of Honble The Court of Senior Civil Judge Palamaneru Camp at Kuppam and transfer the same to The Court of Senior Civil Judge Gooty and pass such IA NO: 1 OF 2025 VGKR,J Tr.C.M.P.NO.321 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 may be pleased to stay all further proceedings in HMOP.No. 126 of 2025 on the file of Hon’ble The Court of Senior Civil Judge: Palamaneru Camp at Kuppam and pass such Counsel for the Petitioner: 1. N CHANDRA SEKHAR REDDY Counsel for the Respondent: 1. TRIMOORTHY K G The Court made the following: VGKR,J Tr.C.M.P.NO.321 OF 2025 THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION NO: 321/2025 ORDER: The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908 (for short, ‘the C.P.C.’), seeking to transfer the H.M.O.P.No.126 of 2025, on the file of the learned Senior Civil Judge, Kuppam, to the file of the learned Senior Civil Judge Court, Gooty, for trial and disposal. 2. The case of the petitioner in brief is as follows: i. The petitioner is the legally wedded wife of the respondent/husband, and their marriage was solemnized on 26.01.2023 at M.M.Mahal, Near Government Hospital, Palamaneru Road, Kuppam Town, Chittoor District. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately at Kuruvageri, Guntakal, Anantapur District at her parent’s house. ii. The petitioner submitted that she had filed a Maintenance Case vide M.C.No.33 of 2024, on the file of the learned Judicial First Class Magistrate, Guntakal, VGKR,J Tr.C.M.P.NO.321 OF 2025 a Domestic Violence Case vide D.V.C.No.15 of 2025, on the file of the learned Judicial First Class Magistrate, Gooty and a case in H.M.O.P.No.108 of 2025 on the file of the learned Senior Civil Judge, Gooty, under Section 13(1)(ia) and 19(iiia) of the Hindu Marriage Act, 1955 seeking for dissolution of marriage and the same is pending for adjudication. iii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed H.M.O.P.No.126 of 2025, on the file of the learned Senior Civil Judge Court, Kuppam, seeking for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, and the same is pending for adjudication. The petitioner further pleaded that the distance between Guntakal, Anantapur District and Kuppam is approximately 250 Kilometers and it is very difficult for the petitioner/wife to appear before the court at Kuppam, on each and every adjournment without any male assistance, and that she is constrained to file this petition. VGKR,J Tr.C.M.P.NO.321 OF 2025 3. Learned counsel for the respondent contended that there are no merits in the transfer petition filed by the petitioner and requested to dismiss the present Transfer Civil Miscellaneous Petition. 4. Heard Sri N.Chandra Sekhar Reddy, learned counsel for the petitioner/wife and Sri K.G.Thri Moorthy, learned counsel for the respondent/husband. 5. Perused the material available on record. 6. The material on record prima facie shows that, in view of the matrimonial disputes between the parties, the petitioner/wife has been residing separately at Kuruvageri, Guntakal, Anantapur District at her parent’s house. The material on record further discloses that the respondent/husband filed a H.M.O.P.No.126 of 2025 on the file of the learned Senior Civil Judge, Kuppam, seeking for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, the same is pending for adjudication. 7. 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 1 2022 LiveLaw (SC) 627 VGKR,J Tr.C.M.P.NO.321 OF 2025 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.” 8. On considering the submissions made by the learned counsel for the petitioner as well as respondent 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 taken into consideration rather than the inconvenience of the husband and therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife seeking transfer of H.M.O.P.No.126 of 2025, on the file of the learned Senior Civil Judge, Kuppam. 9. In the result, the present Transfer Civil Miscellaneous Petition is allowed, and H.M.O.P.No.126 of 2025, on the file of the VGKR,J Tr.C.M.P.NO.321 OF 2025 learned Senior Civil Judge, Kuppam, is hereby withdrawn and transferred to the file of the learned Senior Civil Judge, Gooty. The learned Senior Civil Judge, Kuppam, shall transmit the case record in H.M.O.P.No.126 of 2025 forthwith, to the learned Senior Civil Judge, Gooty, within a week from the date of receipt of the order. Both parties are directed to appear before the learned Senior Civil Judge, Gooty on 20.07.2026 at 10:30 A.M. 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: 30.04.2026 LSP VGKR,J Tr.C.M.P.NO.321 OF 2025 16 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.321 of 2025 Date: 30.04.2026 LSP