APHC010000932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE V. GOPALA KRISHNA TRANSFER CIVIL MISCELLANEOUS PETITION No.1 of 2025 RAO Between: Pitta (Surabhi) Kumari @ Ramakumari, W/o Pitta Anand, 22 years, Hindu, Student^ Lane-4, Arundelpet, Guntur, Andhra Pradesh. aged about Resident of 2""^ Floor, Tower Buildings ...Petitioner AND Pitta Anand, S/o Adhi Seshu Naidu, aged about 39 years. Document Writer, residing at Yellamanchili Mandal, Anakapalli District Pradesh. Andhra ...Respondent Petition under Section 24 of the C.P.C. Praying that in the circumstances may be pleased to stated in the affidavit filed therewith, the High Court withdraw the H.M.O.P.No.74 of 2024 from the file of the Principal Civil (Senior Division) Judge, Yellamanchili, and transfer to the Family Court, Guntur Guntur District. lA NO: 1 OF 20?.*^ Petition under Section 151 of 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 proceedings including appearance of the petitioner i ‘ H.M.OP.No.74/2024 on the file of the Hon’ble Principal Civil (Senior Division) Judge, Yellamanchili, pending disposal of the above Transfer C.M.P. Counsel for the Petitioner in : Sri Ravi Teja Dommeti Counsel for the Respondent : Sri T V S Prabhakara Rao The Court made the following ORDER: THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.01 of 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 for withdrawal of H.M.O.P.No.74 of 2024 on the file of the Principal Senior Civil Judge, Yellamanchili and transfer the same to the Judge, Family Court, Guntur, Guntur District, for trial. 2. The case of the petitioner in brief is as follows; I. The petitioner is legally wedded wife of the respondent/husband, in view of the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately at her relatives' house in Guntur. The petitioner/wife further submitted that she is preparing for competitive examinations with the support and assistance of her relatives. The petitioner/wife also further contends that she is undergoing financial hardship and mental distress because of the continuous harassment allegedly caused by the respondent/husband . II. The learned counsel for the petitioner would further contend that to cause inconvenience to the petitioner/wife, the respondent/husba nd had filed H.M.O.P.No.74 of 2024 on the file of the Principal Senior Civil Judge, Yellamanchili, under Section 13(1)(ia)(ib) of the Hindu Marriage 2 VGKR, J Tr.C.M.P.No.01 of 2025 Dated 07.08.2025 Act, 1955, seeking for dissolution of the marriage and the same is pending for adjudication. III. Learned counsel for the petitioner would further contended that the petitioner being a woman and residing separately and depending the mercy of her relatives at Guntur, it is very difficult for her to travel to attend the divorce case proceedings before the Court at Yellamanchili, which is situated at a distance of more than 400Kms from Guntur to Yellamanchili without any male assistance and that she constrained to file the present petition against the respondent/husband, seeking for withdrawal of H.M.O.P.No.74 of 2024 on the file of the Principal Senior Civil Judge, Yellamanchili and transfer the Judge, Family Court, Guntur, Guntur District. upon was same to the 3. It was brought to the notice of this Court by the learned appearing on both sides that the petitioner/wife has filed a Maintenance Case vide F.C.O.P. No.854 of 2024, on the file of the Judge, Family Court, Guntur, seeking for monthly maintenance from the respondent/husband. The case counsel said is currently pending for adjudication, the respondent/husband is also attending the case proceedings before the competent Court at Guntur and the said case has been listed for hearing on 02.09.2025, before the Judge, Family Court at Guntur. 4. Heard learned counsel appearing on both sides on record. 3 VGKR, J Tr.C.M.P.No.01 of 2025 Dated 07.08.2025 5. Perused the material available on record. 6. 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 at Guntur and she has instituted a case i.e., Maintenance Case, vide F.C.O.P.No.854 of 2024 on the file of the Judge, Family Court at Guntur, seeking monthly maintenance from the respondent/husband and the same is pending for adjudication against the respondent. The material on record further reveals that subsequent to filing of the Maintenance case, the respondent/husband had filed H.M.O.P.No.74 of 2024 on the file of the Principal Senior Civil Judge, Yellamanchili, 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. 7. 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 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; 8. “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 %e ^(2000) 10 see 304 ^ 2022 LiveLaw (SC) 627 4 - VGKR, J Tr.C.M.P.No.01 of 2025 Dated 07.08.2025 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 submission mentioned in the affidavit of the petitioner/wife that she has been residing separately and depending upon the mercy of her relatives at Guntur 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, seeking for withdrawal of H.M.O.P.No.74 of 2024 on the file of the Principal Senior Civil Judge, same to the Judge, Family Court, Guntur, Yellamanchili and transfer the Guntur District. 10. 10. In the result, the present Transfer Civil Miscellaneous allowed and the H.M.O.P.No.74 of 2024 Civil Judge, Yellamanchili Petition is on the file of the Principal Senior is hereby withdrawn and transferred to the Judge, Family Court, Guntur, Guntur District. The learned Principal Senior Civil Judge, Yellamanchili, shall transmit the case record in H.M.O.P.No.74 of 2024, to the file of the Judge, Family Court, Guntur, Guntur indexed as expeditiously District, duly possible preferably within a period of one (01) as week from the date of receipt of a copy of this order. Both the parties are m. 5 VGKR, J Tr.C.M.P.No.OI of 2025 Dated 07.08,2025 directed to appear before the Judge, Family Court, Guntur, Guntur District, on 02.09.2025, 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. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Civil (Senior Division) Judge, Yellamanchili, District. Anakapalli 2. The Judge, Family Court, Guntur, Guntur District. 3. One CC to Sri Ravi Teja Dommeti, Advocate [OPUC] 4. One CC to Sri TVS Prabhakara Rao, Advocate [OPUC] 5. Pitta (Surabhi) Kumari @ Ramakumari, W/o Pitta Anand, aged about 22 years, Hindu, Student, Resident of 2"'^ Floor, Tower Buildings Arundelpet, Gufitur, Andhra Pradesh. , Lane-4, 6. Pitta Anand, S/o Adhi Seshu Naidu, aged about 39 years. Document Writer, residing at Yellamanchili Mandal, Anakapalli District, Andhra Pradesh. 7. Two CD Copies TK sree ■ h HIGH COURT DATED:07/08/2025 ORDER TRCMP No.1 of 2025 ALLOWING THE TRANSFER CIVIL MISCELLANEOUS PETITION WITHOUT COSTS