APHC010301892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI .m S6 3 Ujt WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER \\x TWO THOUSAND AND TWENTY FIVE ■jf O \1 ■•V'5 PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 201 OF 2025 Between: Nareddula Vedhavathi, W/o.Nareddula Viswanatha Reddy, D/o.Byreddy Venkateswara Reddy, aged about 23 years, R/o.D.No.3/122, Main Bazar, Janagalapalli Village, Peddamudiam Mandal, Kadapa District. Presently residing at D.No.2-1, Gottipadu Post, Gottipadu, Prathipadu Mandal, Guntur District-522019. ...PETITIONER/RESPONDENT AND Narreddula Viswanatha Reddy, S/o.Siva Narayana Reddy, aged about 29 years, R/o.D.No.3/122, Main Bazar, Janagalapalli Village, Peddamudiam Mandal, Kadapa District. ...RESPONDENT/PETITIONER Petition filed 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.16 of 2022 on the file of Senior Civil Judge, Proddatur to any other appropriate Court having its jurisdiction in Guntur District. #- lA NO: 1 OF 2025 Petition filed 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 HMOP.No.16 of 2022 on the file of Senior Civil Judge, Proddatur, pending disposal. : SRI RAVI TEJA GUDE Counsel for the Petitioner Counsel for the Respondent: SRI SHAIK MOHAMMED ISMAIL The Court made the following ORDER : THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.201 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.16 of 2022, on the file of the Senior Civil Judge, Proddatur and transfer the same to any other appropriate Court at Guntur District. 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 has been performed at Janagalapalli Village on 02.08.2020. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying along with her daughter aged about 3 years at her parents’ house at Gottipadu, Parthipadu Mandal, Guntur District and depending upon the mercy of her parents. The petitioner pleaded that she had lodged a complaint before the Parthipadu Police Station under Section 498-A IPC and under Sections 3 and 4 of the Dowry Prohibition Act vide Cr.No.50 of 2022 and the same was numbered as C.C.No.2221 of 2021, on the file of the VI Additional Junior Civil Judge, Guntur and the same is pending for adjudication. The petitioner further pleaded that she had filed a Maintenance Case vide M.C.No.36 of 2024, on the file of the V Additional Junior Civil Judge, Guntur and the respondent/husband is attending the Court proceedings before the competent Court at Guntur. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband filed H.M.O.P.No.16 of 2022, on the file of the Senior Civil Judge, Proddatur, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage. II. Learned counsel for the petitioner further contended that the petitioner being a woman having a daughter aged about 3 years, depending upon the mercy of her parents, it is very difficult for her to travel at a distance of approximately more than 300 Kms for attending the Court proceedings before the learned Senior Civil Judge, Proddatur, 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.16 of 2022, on the file of the Senior Civil Judge, Proddatur and transfer the same to any other appropriate Court at Guntur District. 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, Proddatur to any other appropriate Court at Guntur District, as the respondent/husband is currently residing at Janagalapalli Village at Kadapa District along with his old aged parents and if the case in H.M.O.P.No.16 of 2022 is transfered from Proddatur to Guntur, the respondent/husband has to invariably travel at a distance of more than 300 Kms and requested to dismiss 3. i ¥ the present transfer civil miscellaneous petition. He further contended that, if this Court is inclined to transfer the case from Proddatur to Guntur, the personal attendance of the respondent/husband may be dispensed with before the transferee Court. 4. Heard Sri Ravi Teja Gude, learned counsel for the petitioner and Sri Shaik Mohammad Ismail, learned counsel for the respondent. Perused the material available on record. 5. 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 daughter aged about 3 years are staying at her parents’ house at Gottipadu, Parthipadu Mandal, Guntur District and depending upon the mercy of her parents and the petitioner had filed a Criminal Case vide Cr.No.50 of 2022, against the respondent/husband and the same was numbered as C.C.No.2221 of 2021, on the file of the VI Additional Junior Civil Judge, Guntur and the same is pending for adjudication. Further, the petitioner had also filed a Maintenance Case vide M.C.No.36 of 2024, on the file of the V Additional Junior Civil Judge, Guntur. The respondent/husband had filed H.M.O.P.No.16 of 2022, on the file of the Senior Civil Judge, Proddatur, under Section 13(1)(ia) 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 6. ^ (2000)'10 see 304 funds to visit the place v\/here the divorce petition is filed by her husband, then the transfer petition filed by the wife may be allowed.” 7. 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. ” On considering the submissions made by the learned appearing for both sides 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.16 of 2022, on the file of the 8. counsel Senior Civil Judge, Proddatur and transfer the same to the Judge, Family Court, Guntur District. Further. on considering the submissions made by the learned counsel for the respondent, as the respondent/husband is currently residing at Janagalapalli Village at Kadapa District along with his old aged ^ 2022 LiveLaw (SC) 627 parents, the personal attendance of the respondent/husband has been dispensed with before the transferee Court, except on the days when his presence is required before the learned Judge, Family Court, Guntur District. Learned counsel appearing for both sides has represented that a time lime may be fixed to the transferee Court i.e., the Judge, Family Court, Guntur District, for disposal of the case in H.M.O.P.No.16 of 2022 , which is now under the transfer. In the result, the present petition is allowed and FI.M.O.P.No.16 of 2022, 9. I I i on the file of the Senior Civil Judge, Proddatur, is hereby withdrawn and transferred to the Judge, Family Court, Guntur District. The Senior Civil Judge, Proddatur, shall transmit the case record in H.M.O.P.No.16 of 2022 to the Judge, Family Court, Guntur District, 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 Judge, Family Court, Guntur District on 15.10.2025 at 10.30 a.m., later the learned Judge, Family Court, Guntur District, is directed not to insist for the personal appearance of the respondent/husband i.e., the petitioner in H.M.O.P.No.16 of 2022, 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 Judge, Family Court, Guntur District. Further, on considering the representation made by the learned counsel appearing for both sides, this Court feels it desirable to direct the Judge, Family Court, Guntur District to dispose of the case in H.M.O.P.No.16 of 2022, which is now under transfer, within a period of four (04) months from the date of appearance of both the parties before the Judge, Family Court, Guntur District. 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. SDI- G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Judge, Family Court, Guntur, Guntur District. The Civil Judge (Senior Division), Proddatur, YSR Kadapa District. Nareddula Vedhavathi, W/o.Nareddula Viswanatha Reddy, D/o.Byreddy Venkateswara Reddy, R/o.D.No.3/122, Main Bazar, Janagalapalli Village, Peddamudiam Mandal, Kadapa District. Presently residing at D.No.2-1, Gottipadu Post, Gottipadu, Prathipadu Mandal, Guntur District-522019. Narreddula Viswanatha Reddy, S/o.Siva Narayana Reddy, R/o.D.No.3/122, Main Bazar, Janagalapalli Village, Peddamudiam Mandal, Kadapa District. One CC to Sri Ravi Teja Gude, Advocate [OPUC] One CC to Sri Shaik Mohammed Ismail, Advocate [OPUC] Two CD Copies BSV TAC 2. 3. 4. 5. 6. 7. / HIGH COURT DATED: 17/09/2025 ORDER TRCMP NO. 201 OF 2025 ALLOWING THE TR.CMP WITHOUT COSTS