. APHC010239462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSANDAND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION NO: 172 OF 2025 Between: Gogulamudi Lakshmi @ Koteswari, Aged about 32 years, w/o Kachireddy Praveen Kumar Reddy R/o.H.No2-33, Sivaji Nagar, Opp Sreeenivasa Theatre, Markapuram Town and Mandal, Prakasam District. ...Petitioner AND Kachireddy Praveen Kumar Reddy, Aged about 35 years, S/o Vijaya Bhaskar Reddy, R/o D.No 6-32, Tanguturu Village, Banaganapalli Mandal District. Presently Nandyal District. Kurnool ...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 to transfer H.M.O.P No.99/2024 pending on the file of II Additional Civil judge (Senior Division) at Nandyal. Kurnool District to the Civil Judge (Senior Division), Markapur, Prakasam District. lA NO: 1 OF 202fi 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 stay all further proceedings in H.M.O.P.No.99/2024 pending on the file of The II Additional Civil judge (Senior Division) at Nandyal, Kurnool District pending the Transfer CMP in this Hon’ble Court. Counsel for the Petitioner: SRI. K CHINNA VENKAT REDDY Counsel for the Respondent: — The Court made the following order: THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.172 of 2025 ORDER: Today when the matter has been taken up for hearing, learned counsel for the petitioner has represented that the proof of service Memo has been field before the Registry, dated 24.07.2025, along with the postal Track Consignment Sheet downloaded from the Postal Department Website 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 01.07.2025. None appeared for the respondent. Therefore, ‘service held sufficient’. 2. 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 for transfer of H.M.O.P.No.99 of 2024 on the file of the II Additional Senior Civil Judge, Nandyal, Kurnool District, to the file of the Senior Civil Judge, Markapur, Prakasam District, for trial. The case of the petitioner in brief is as follows: 3. wife of the The petitioner is the legally wedded respondent/husband and their marriage was performed on 18.12.2021, with the blessings of both side elders at Shri Nandireddy Function Hall, I. Mahanandi Kshetram, Nandyal District, as per the Hindu Rites and Caste Customs. During their wedlock period, the petitioner/wife and the respondent/husband were blessed with one (1) female child and later, due to the matrimonial disputes between both the spouses, the petitioner/wifehas been residing separately along with her female child 2 VGKF? J Tr.C.IVI.P.No.172of2 ;.5 Dated 29.07.20^5 aged about three (3) years at her parents’ house at Markapur, Praksam District. The petitioner/wife pleaded that she filed vide M.C.No.16 of 2025 of First Class, Markapur, Prakasam maintenance from the respondent/husband Domestic Violence Case vide D.V.C.No.12 of 2025 a Maintenance Case on the file of the Additional Judicial Magistrate District, seeking monthly and she also filed a on the file of the Markapur, Prakasam Additional Judicial Magistrate of First Class, District and the same are pending for adjudication The learned counsel for the petitioner would further to cause inconvenience to the petitioner/wife, the contend that respondent/husband had filed H.M.O.P.No.99 of 2024 on the file of the II Additional Senior Civil Judge, Nandyal, Kurnool District, under Section Hindu Marriage Act, 1955, seeking for dissolution the-saiiie is also pending for adjudication. 13(1)(ia)(ib) of the of the marriage and Learned counsel for the petitioner would further contended that the petitioner being a woman and residing separately along with her child aged about three (3) years and depending upon the mercy of her parents at Markapur, it is very difficult for her to attend the divorce case which is situated at a distance of more than 140 Kms from Markpaur to Nandyal without any male assistance and that she proceedings before the Court at Nandyal, Kurnool District was constrained to file the present petition against the respondent/husband, seeking for transfer of H.M.O.P.No.99 of 2024 on the file of the II Additional Senior Civil 3 VGKR, J Tr.C.M.P.No.172 of 2025 Dated 29.07.2025 Judge, Nandyal, Kurnool District, to the file of the Senior Civil Judge, Markapur, Prakasam District. Heard learned counsel for the petitioner. 4. 5. Though registered notice sent to the respondent was served on him, none appeared for the respondent. Therefore, ‘service held sufficient’. 6. Perused the material available on record. 7. The material on record prima facie goes to show that in view of the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her female child aged about 3 years and depending upon the mercy of her parents at Markapur and she has instituted two cases i.e.. Maintenance Case vide M.C.No.16 of 2025 and Domestic Violence Case vide D.V.C.No.12 of 2025 on the file of the Additional Judicial Magistrate of First Class, Markapur, Prakasam District and the said two (2) cases are pending for adjudication against the respondent/husband and the respondent/husband is also attending the Court proceedings before the competent Courts at Markapur, Prakasam District. The material on record further reveals that the respondent/husband had filed H.M.O.P.No.99 of 2024 on the file of the II Additional Senior Civil Judge, Nandyal, Kurnool District, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. 4 VGK5^ J Tr.C.M.P.No.172ofl .f5 Dated 29.07.2025 8. The Apex Court in a case ofGEELA 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: “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 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^^enerally, 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, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife for seeking transfer of KM^.P.No.99 of 2024 on the file of the II Additional Senior Civil Judge. 9. are 10. ^(2000) 10 see 304 " 2022 LiveLaw (SC) 627 5 VGKR, J Tr.C.M.P.No.172 of 2025 Dated 29.07.2025 Nandyal, Kurnool District, to the file of the Senior Civil Judge, Markapur, Prakasam District. In the result, the present Transfer Civil Miscellaneous Petition is allowed and the 11. H.M.O.P.No.99 of 2024 on the file of the II Additional Senior Civil Judge, Nandyal Kurnool District, is hereby withdrawn and transferred to the file of the Senior Civil Judge, Markapur, Prakasam District. The learned II Additional Senior Civil Judge, Nandyal, Kurnool District, shall transmit the case record in H.M.O.P.No.99 of 2024, to the file of the Senior Civil Judge, Markapur, Prakasam District, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending and the Interim order 1 granted earlier, if any, shall stand closed. Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTTON OFFICER To, The II Additional Civil Judge (Senior Division) at Nandyal, Kurnool District 1. The Civil Judge (Senior Division), Markapur, Prakasam District. Gogulamudi Lakshmi @ Koteswari, w/o Kachireddy Praveen Kumar Reddy, 2. 3. R/o.H.No2-33, Sivaji Nagar, Opp Sreeenivasa Theatre, Markapuram Town and Mandal, Prakasam District. Kachireddy Praveen Kumar Reddy, S/o Vijaya Bhaskar Reddy, R/o D.No 6-32, Tanguturu Village, Banaganapalli Mandal, Kurnool District. Presently Nandyal District. One CC to Sri. K Chinna Venkat Reddy Advocate [OPUC] Two CD Copies 4. 5. 6. PR HIGH COURT DATED:29/07/2025 i C 5 AUG 2025 Current Seciion ORDER TRCMP NO. 172 OF 2025 m V ★ ALLOWING THE TRCMP WITHOUT COSTS