> , APHC010334932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 207 OF 2025 Between: Nelaturi Venkatanaga Prasanna Lakshmi,, W/o. Sake Praveen Kumar, r/o. 2-83, Takkolu, Siddavatam Mandal, YSR Kadapa District. ...PETITIONER/RESPONDENT AND r/o. 12-396, Gandhi Nagar Sake Praveen Kumar, S/o. S. Rammurthi, Dharmavaram Town, Sri Sathyasai District. ...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 transfer HMOP No. 30 of 2024 from the Hon'ble Senior Civil Judge, Dharmavaram to Hon'ble Senior Civil Judge, Kadapa. lA NO: 1 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 to stay all further proceedings in HMOP No. 30 of 2024 on the file of the Hon'ble * Senior Civil Judge, Dharmavaram pending the Transfer CMP pending the transfer CMP in this Hon'ble Court. I ^7. : SRI DHARANI KUMAR B Counsel for the Petitioner Counsel for the Respondent: SRI BANDI SRIHARI The Court made the following ORDER : THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.207 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.30 of 2024 on the file of the Senior Civil Judge, Dharmavaram and transfer the same to the Senior Civil Judge, Kadapa. 2. The case of the petitioner in brief is as follows: The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Kadapa City. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Siddavatam Mandal, YSR Kadapa District and depending upon the mercy of her parents. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner the respondent/husband filed H.M.O.P.No.30 of 2024, on the file of the Senior Civil Judge, Dharmavaram, 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, depending upon the mercy of her parents, it is very difficult for her to travel at a distance of approximately morethan 165 Kms for attending the Court proceedings before the learned Senior Civil Judge, Dharmavaram, without any male support and that she was constrained to file the present petition against the respondent/husband 2 seeking to withdraw H.M.O.P.No.30 of 2024, on the file of the Senior Civil Judge, Dharmavaram and transfer the same to the Senior Civil Judge, Kadapa. Learned counsel for the respondent would contend that there grounds to consider the request of the petitioner seeking to transfer the aforesaid case from the Senior Civil Judge, Dharmavaram to the Senior Civil Judge, Kadapa and requested to dismiss the present transfer civil miscellaneous petition. He further contended that the respondent/husband is working as a Software Employee and is currently residing at Bengaluru, if this Court is inclined to transfer the case from Dharmavaram to Kadapa, the personal attendance of the respondent/husband may be dispensed with before the transferee Court. 3. are no 4. Heard Sri Dharani Kumar.B, learned counsel for the petitioner and Sri Bandi Srihari, 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 is staying at her parents’ house at Siddavatam Mandal, YSR Kadapa District and depending upon the mercy of her parents. The respondent/husband has filed H.M.O.P.No.30 of 2024, on the file of the Senior Civil Judge, Dharmavaram, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage. Learned counsel appearing for both sides has fairly 5. 3 represented that except the case in H.M.O.P.No.30 of 2024, there other cases pending either at Dharmavaram or at Kadapa. 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: are no 6. 7. “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. ” 8. 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 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.30 of 2024, on the file of the (2000) 10 see ?04 ^ 2022 LiveLaw (SC)'627 4 Senior Civil Judge, Dharmavaram and transfer the same to the Judge, Family Court, Kadapa. Further, on considering the submissions made by the learned counsel for the respondent, as the respondent/husband is working as a Software Employee and is staying at Bengaluru, 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, Kadapa. In the result, the present petition is allowed and H.M.O.P.No.30 of 2024, 9. on the file of the Senior Civil Judge, Dharmavaram, is hereby withdrawn and transferred to the Judge, Family Court, Kadapa. The Senior Civil Judge, Dharmavaram, shall transmit the case record in H.M.O.P.No.30 of 2024 to the Judge, Family Court, Kadapa, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of the order. Both the parties are directed to appear before the learned Judge, Family Court, Kadapa on 27.10.2025 at 10.30 a.m., later the learned Judge, Family Court, Kadapa, is directed not to insist for the personal appearance of the respondent/husband i.e., the petitioner in H.M.O.P.No.30 of 2024, 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, Kadapa. There shall be no order as to costs. 5 As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. SD/- B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Judge, Family Court, Kadapa. 2. The Principal District and Sessions Judge, Anantapur. 3. The Principal District and Sessions Judge, YSR Kadapa District. 4. The Civil Judge(Senior Division), Dharmavaram, Ananthapur District 5. Nelaturi Venkatanaga Prasanna Lakshmi, W/o. Sake Praveen Kumar, r/o. 2-83, Takkolu, Siddavatam Mandal, YSR Kadapa District. 6. Sake Praveen Kumar, S/o. S. Rammurthi, r/o. 12-396, Gandhi Nagar, Dharmavaram Town, Sri Sathyasai District. 7. One CC to Sri. Dharani Kumar B Advocate [OPUC] 8. One CC to Sri. Bandi Srihari Advocate [OPUC] 9. Two CD Copies stu TAC HIGH COURT DATED:10/09/2025 ORDER TRCWIP NO. 207 OF 2025 5? ANDH^;5^ O X Ml SEf 2® mi ^ Current Section ^ PeSPATCV^^ ALLOWING THE TR.CMP