APHC010396732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 3 WEDNESDAY, THE THIRD DAY OF SEPTEMBER^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 244 OF 2025 Between: Smt Manchala Madhavi, W/o.Manchala Venkata Srinivasa Rao, D/o.Gumma Nageswara Rao, Hindu, aged about 40 years, Occ: House wife, presently residing at Door No.22-21/8 Telaga Veedhi, Saluru Parvatipuram Manyam District (Erstwhile Vizianagaram District), A.P. ...Petitioner/Respondent AND Manchala Venkata Srinivasa Rao, S/o.Krishna about 44 years, Occ: Contractor, R/o.D.No.2-123 Cherukupalli Mandal, Bapatia District, Andhra Pradesh State. Murthy, Hindu, aged Nadimpalli Village ...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 pleased to transfer HMOP.No.51 of 2025 Court at Repalle, Guntur District to Senior Civil may be on the file of the Senior Civil Judge’s -I Judge’s Court at Bobbili of Vizianagaram 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.51 of 2025 on the file of Senior Civil Judge, Repalle, Guntur District. Counsel for the Petitioner: Sri Mallikarjuna Reddy Y Counsel for the Respondent: Sri Chaitanya Pondugala (Not present) The Court made the following: THE HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.244 of 2025 ORDER; is taken up for hearing, Today when the rnait! Sri Y.Mallikarjuna Freddy, learned counsel for the petitioner has represented that the proof of service memo dated 18.08.2025, along with the postal track consignment sheet downloaded from the Postal Department Website has been filed before the Registry and the same is placed on the record. As per the track consignment sheet, the registered notics cent to was se^n/ed on him on 14,08.2025. Therefore, service heid sufficient. None appeared for the res.pondent. The petstioner/wife filed die present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw 2. H.y.O.P.No.51 of 2025, on the file of the Senior Civil Judge Court, Repalle, Guntur District and transfer the same to the Senior Civil Judge Court, at Bobiili, Vizianagaram District. The case of the petitioner in brief is as follows; 3. The petitiorser is the legally weaded wife of the respondent and their marriage has been performed at Bapatia District on 2 & 27.08.2005, as per Hindu rites and customs, matrimonial disputes between both in view of the the parties, the petitioner/wife along with her children aged about 19 years and 17 years are staying at her parents’ house at F^arvathipuram Manyam District, depending upon the mercy of her parents and the children are prosecuting their studies. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husbarid filed H.M.O.FhNo.51 of 2025, on the file of the Senior Civil Judge Court, Repalle, Guntur District, under Section 13(1)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of ; r!er' iag6 II. Learned counsel for the petitioner further contended that the petitioner being a woman having children aged about 19 years and 17 years, who are prosecuting their studies are depending upon the mercy of her parents, it is very difficult for the petitioner/wife to travel at a distance of approximately more than 500 Kms from Parvathipuram to Repalle for attending the Court proceedings before the learned Senior Civil Judge Court, Repalle, Guntur District, without any male suppotlt and that she was constrained to file the present petition against the respondent/husband seeking to withdraw H.M.O.P.No.51 of 2025, on the file of the Senior Civil Judge Court, Repalle, Guntur 3 District and transfer the same ot the Senior Civil Judge Court, at Bobili, Vizianagaram District, Heard Sri Y.!V!al!ikarjuna Reddy, learned counsel for the petitioner. Though registered notice sent to the respondent was served on him, none appeared for the respondent. Therefore, service held sufficient. Perused the materia! 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 19 years and 17 years are staying at her parents’ house at Parvathipuram Manyam District and the children ot the: peiitioriei are prosecuting their studies at Parvathipuram. The respondent/husband has filed H.M.O.P.No.51 of 2025, on the file of the Senior Civil Judge Court, Repalle, Guntur District, under Section 13(1)(!b) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage. The Apex Court in a case of GEETA HEERA Vs HARISH CIHANDER, HEEFIAT, held by considering the fact that “if a wife does not have sufficient funds ot visit the place where the divorce petition is filed by her husband, then the transfer petition filed by the wife may be allowed.” 4. 5. 6. (2000) 10 see 304 4 4a 7. The Apex Court of M.C.V. Aishwarya Vs sn a case A.S.Saravana Karthik Sha^' neid 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 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 m 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 economic 8. has to be considered than that of the inconvenience of the husband. Therefore, this Court is of the considered view that there are grcsurids to consider the request of the oetitioner/wife to withdraw H.M.O.P.No.51 of 2025, on the file of the Senior Civil Judge Court, Repalle, Guntur District and transfer the same to the Senior Civil Judge Court, at Bobili, Vizianagaram District, ^ 2022 LiveLaw (SC) 627 5 in the result, the present petition is allowed and H.M.O.P.No.51 of 2025, on the file of the Senior Civil Judge Court, Repalle, Guntur District, is hereby withdrawn and trarssferred to the Senior Civil Judge Court, at Bobili, Viziianagaram District. The Senior Civil Judge Court, Repalle, Guntur District, shall transmit the case record in H.M.O.P.No.51 of 2025 to the Senior Civil Judge Court, at Bobili, Vi2:ianagaram District, 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. There shall be no order as to costs. As a sequel, rniscellaneous petitions, if any pending and the Interim order granted earlier, any, shall stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division), Repalle, Guntur District. 2. The Civil Judge (Senior Division), Bobbili, Vizianagaram District. 3. Smt Manchala Madhavi, W/o.Manchala Venkata Srinivasa Rao, D/o.Gumma Nageswara Rao, Presently residing at Door No.22-21/8, Telaga Veedhi, Saluru, Parvatipuram Manyam District Vizianagaram District), A.P. (Erstwhile 4. Manchala Venkata Srinivasa Rao, S/o.Krishna Murthy, Occ;Contractor R/o.D.No.2-123, Nadimpalli Village, District, Andhra Pradesh State. 5. One CC to Sri Mallikarjuna Reddy Y, Advocate [OPUC] 6. One CC to Sri Chaitanya Pondugala, Advocate [OPUC] 7. Two CD Copies Cherukupalli Mandal, Bapatia BSV sree highcourt DATED;03/09/2025 ORDER TRCMP no. 244 OF 2025 g 10 SEP 2025 O' m. . Current beciion . !!55g£PATC^^' ALLOWING THE TR.CMP WITHOUT COSTS