APHC010297032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI / FJWm.'- 9 oo WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 174 OF 2025 Between: Smt. Yamuna @ H. Srividya, W/o H. Suresh D/o Late B. Ramachandra Rao Aged about 27yrs., R/o D.No.4/217, Ganesh Circle Auto Stand, Adoni Kurnool District ...PETITIONER/RESPONDENT AND H.Suresh, S/o K.Subramanyam, Aged about 38yrs, Occ: Self-Employee R/o D.No.20/11, Opp: Municipal Office Ananthapuramu District Main road, Guntakal, ...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 withdraw H.M.O.P.No.37 of 2024 on the file of Civil Judge (Senior Division), Gooty and transfer the same to the Civil Judge (Senior Division), Adoni. lA NO: 1 OF 202.*^ 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 H.M.O.P.No.37 of 2024 on the file of Civil Judge (Senior Division) Gooty pending disposal of the Tr.CMP. s i •- i V • Coutlsei for the Petitioner : SRI B.SARVOTHAM REDDY, ADVOCATE Counsel for the Respondent: AYESHA AZMA S, ADVOCATE The Court made the following ORDER : ■ i . ir"' ..•V •• 'i H- THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.174 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.37 of 2024, on the file of the Senior Civil Judge, Gooty and transfer the same to the Senior Civil Judge, Adoni. The case of the petitioner in brief is as follows: 2. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Adoni on 15.05.2019. In view of the matrimonial disputes between, both the parties, the petitioner/wifealong with her children aged about 4 years and 3 years respectively are staying at her parents’ house at Adoni, Kurnool District and depending upon the mercy of her parents. The petitioner pleaded that she had filed a Maintenance Case vide M.C.No.11 of 2024, on the file of the Judicial I. Magistrate of First Class, Adoni and the respondent/husband is attending the Court proceedings before the competent Court at Adoni. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband filed H.M.O.P.No.37 of 2024, on the file of the Senior Civil Judge, Gooty, under Section 9 of the Hindu Marriage Act, 1955, seeking for restitution of conjugal rights. II. Learned counsel for the petitioner further contended that the petitioner being a woman having children aged about 4 years and 3 years respectively, depending upon the mercy of her parents, it is very difficult for her to attend the Court proceedings before the learned Senior Civil Judge, Gooty, without any male support and that she was constrained to file the present petition against the respondent/husband seeking to withdraw H.M.O.P.No.37 of 2024, on the file of the Senior Civil Judge, Gooty and transfer the same to the Senior Civil Judge, Adoni. Respondent had filed a counter affidavit by denying the allegations leveled against him by the petitioner/wife. Learned counsel for the respondent would contend that there are no grounds to consider the request of the petitioner seeking to transfer the aforesaid case from the Senior Civil Judge, Gooty to the Senior Civil Judge, Adoni, and requested to dismiss the present transfer civil miscellaneous petition. 3. 4. Heard Sri B.Sarvotham Reddy, learned counsel for the petitioner and Ms. Ayesha Azma.S, learned counsel for the respondent. 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 along with her children aged about 4 years and 3 years respectively are staying at her parents’ house at Adoni. Kurnool District, depending upon the mercy of her parents and the petitioner had filed a Maintenance Case vide M.C.No.11 of 2024, on the file of the Judicial Magistrate of First Class, Adoni. The 5. respondent/husband had filed H.M.O.P.No.37 of 2024, on the file of the Senior Civil Judge, Gooty, under Section 9 of the Hindu Marriage Act, 1955, seeking for restitution of conjugal rights. 6. 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- economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer. ” 7. 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 grounds to consider the request of the petitioner/wife to withdraw H.M.O.P.No.37 of 2024, on the file of the Senior Civil Judge, Gooty and transfer the same to the Senior Civil Judge, Adoni. ' 2022 LiveLaw (SC) 627 In the result, the present petition is allowed and H.M.O.P.No.37 of 2024, on the file of the Senior Civil Judge, Gooty, is hereby withdrawn and transferred to the Senior Civil Judge, Adoni. The Senior Civil Judge, Gooty, shall transmit the case record in H.M.O.P.No.37 of 2024 to the Senior Civil Judge, Adoni, duly indexed as expeditiously as possible preferably within a period of one (01) week from the date of receipt of a copy of the order. Both the parties are directed to appear before the learned Senior Civil Judge, Adoni on 09.10.2025 at 10.30 a.m. There shall be no order as to costs. 8. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. SD/- A.VIJAY BABU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Civil Judge (Senior Division), Gooty, Anantapuram District. 2. The Civil Judge (Senior Division), Adoni, Anantapuram District. 3. Smt. Yamuna @ H. Srividya, W/o H. Suresh D/o Late B. Ramachandra Rao Aged about 27yrs., R/o D.No.4/217, Ganesh Circle Auto Stand, Adoni Kurnool District 4. H.Suresh, S/o K.Subramanyam, Aged about 38yrs, Occ; Self-Employee R/o D.No.20/11, Opp: Municipal Office Ananthapuramu District 5. One CC to Sri B.Sarvotham Reddy, Advocate [OPUC] 6. One CC to Ayesha Azma S, Advocate [OPUC] 7. Two CD Copies GPC TAC Main road, Guntakal HIGH COURT DATED; 17/09/2025 ORDER TRCMP NO. 174 OF 2025 $ 1! SEf 2025 m ALLOWING THIS TRANSFER CIVIL MISCELLANEOUS PETITION