-I - ii APHC010377702026 IN THE HIGH COURT OF ANDHRA PRADESH /d AT AMARAVATI O iiX h s a TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 230 OF 2025 Between: Kruthiventi Swethasree @ Sarraju Swethasree, W/o. Dharmateja, D/o. Sarraju Muralidhara Rao, aged about 31 years, R/o. D.No.27-10-774, Nellore, SPSR Saraswathi Nagar, Back side of Modern School, Nellore District. ...Petitioner AND Kruthiventi Dharmateja, S/o. Prasad, aged about 31 years, R/o. Door N0.1-38-18B, Kolluru Vari Veedhi, Opp.Ramalayam, Nizampet, Tenali, Guntur District. ...Respondent 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 withdraw the above H.M.O.P. No. 87 of 2025, on the file of the Principal Civil Judge (Senior Division), Tenali, and transfer the same to the Senior Judge Court, Nellore. -J f / 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 H.M.O.P. No. 87 of 2025, Principal Civil Judge (Senior Divison), Tenali. r Counsel for the Petitioner: Sri Madhava Rao Nalluri, Advocate Counsel for the Respondent: None Appeared The Court made the following order: THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.230 of 2025 ORDER: Today, when the matter has been taken up for hearing, learned counsel Memo has been field for the petitioner has submitted that, proof of service before the Registry, dated 08.09.2025, along with the Speed Post Tracking downloaded from the Postal Department Website and the same is Sheet placed on the record. As per the Postal Tracking Sheet, the Registered Notice sent to the respondent was served on him on 30.08.2025. Despite of service behalf of respondent. Therefore, of notice, there is no representation on ‘service held sufficient’. petitioner/wife herein filed the present petition under Section 24 of (for ‘short the C.P.C.’) seeking for the file of the Principal Senior Civil District and transfer the same to the file of the Senior 2. The the Code of Civil Procedure, 1908 withdrawal of H.M.O.P.No.87 of 2025 on Judge, Tenali, Guntur Civil Judge Court at Nellore, S.P.S.R. Nellore District, for trial. The case of the petitioner in brief is as follows: 3. The petitioner is the legally wedded wife of the respondent/husband and their marriage was performed on of elders and relatives of both the Madala Chandrasekharam Kalyana Mandapam, 09.11.2023, in the presence parties, at Nellore, as per the Hindu Rites and Caste Customs. After that. 2 VGKR, J Tr.C.M.P.No.230 of 2025 Dated 09.09.2025 due to the matrimonial disputes between both the the petitioner/wife has been residing separately depending upon the mercy of her parents at Nellore, S.P.S.R Nellore District. spouses and Learned counsel for the petitioner would further contend that to cause inconvenience and to harass her, the respondent/husband had filed H.M.O.P.No.87 of 2025 on the file of the Principal Senior Civil Judge, Tenali, Guntur District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is pending for adjudication. I. Learned counsel for the petitioner would further contended that the petitioner being a woman also residing separately and depending upon the mercy of her parents at Nellore, the distance between Nellore and Tenali is more than 250 Kms and it is very difficult for her to travel to attend the divorce case proceedings before the Court at Tenali without any male assistance and that she was constrained to file the present petition against the respondent/husband herein, seeking for withdrawal of H.M.O.P.No.87 of 2025 on the file of the Principal Senior Civil Judge, Tenali, Guntur District and r 3 VGKR, J Tr. C.M.P.No. 230 of 2025 Dated 09.09.2025 transfer the same to the file of the Senior Civil Judge Court at Nellore, S.P.S.R. Nellore District. 4. Heard Sri Madhava Rao Nalluri, learned counsel for the petitioner. 5. Though registered notice sent to the respondent was served on him, none appeared for the respondent. Therefore, ‘service held sufficient’. Perused the material available on record. 6. 7. The material on record prima facie goes to shows that, in view of the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately and depending upon the mercy of her parents at Nellore. The material on record further discloses that, the respondent/husband had filed H.M.O.P.No.87 of 2025 on the file of the Principal Senior Civil Judge Tenali, Guntur District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the said case is pending for adjudication. 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.” 8. 12000) 10 see 304 4 VGKR, j Tr.C.M.P.No.230 of 2025 Dated 09.09.2025 9. 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 are called upon to consider the plea of transfer, the Courts have to take into consideration the 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 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 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 taken into consideration 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.87 of 2025 on the file of the Principal Senior Civil Judge, Tenali, Guntur District and transfer the same to the file of the Judge, Family Court, Nellore, S.P.S.R. Nellore District. economic are 10. 2022 LiveLaw (SC) 627 5 VGKR, J Tr. C. M. P. No. 230 of 2025 Dated 09.09.2025 in the result, the present Transfer Civil Miscellaneous Petition is 11. allowed and the H.M.O.P.No.87 of 2025 on the file of the Principal Senior Civil Judge, Tenali, Guntur District, is hereby withdrawn and transferred to the file of the Judge, Family Court, Nellore, S.P.S.R. Nellore District. The learned Principal Senior Civil Judge, Tenali, Guntur District, shall transmit the case record in H.M.O.P.No.87 of 2025, to the file of the Judge, Family Court, Nellore, S.P.S.R. Nellore 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 granted earlier, if any, shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Family Court, Nellore, SPSR Nellore District. 2. The Principal Civil Judge (Senior Division), Tenali, Guntur District. 3. Kruthiventi Swethasree @ Sarraju Swethasree, W/o. Dharmateja, D/o. Sarraju Muralidhara Rao, aged about 31 years, R/o. D.No.27-10-774, Saraswathi Nagar, Back side of Modern School, Nellore, SPSR Nellore District. 4. Kruthiventi Dharmateja, S/o. Prasad, aged about 31 years, R/o. Door N0.1-38-18B, Kolluru Vari Veedhi, Opp.Ramalayam, Nizampet, Tenali, Guntur District. 5. One CC to Sri Madhava Rao Nalluri, Advocate [OPUC] 6. Two CD Copicjs GPC vna HIGH COURT DATED: 09/09/2025 ORDER TRCWIP NO. 230 OF 2025 g 1S SEP 2025 m ^ Current beciion , ALLOWING THIS TRANSFER CIVIL MISCELLANEOUS PETITION ;