4 \ APHC010418632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI t' ' O' -r^ ‘A *■. !fj ':ar •• TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE m c :19> ■/-V PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 262 OF 2025 Between: Yarlagadda Baji Bhavani, W/o.Sri Hari, D/o.Dasari Seshagiri Rao, aged about 36 years, OccupationiPrivate Service, R/o.D.No.7-11-10 No. 10, Nidubrolu, Gowdapalem Village, Ponnuru Mandal, District, A.P. Presently residing at Flat No.1, First Floor, Block No. 181, Jai Shanker Colony, KTR Nagar, Yallamma Banda, Kukatpally, Medchal-Malkajgiri District, Telangana-500 072. Ward Guntur ...Petitioner/Respondent AND Yarlagadda Sri Hari, S/o.Krishna Rao, aged about 38 years. Private Employee, Thurakapalem, Hamlet of Peteru, Repalle Mandal, Bapatia District, Andhra Pradesh-522 438. ...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 the H.M.O.P.No.5 of 2021 on the file of the Senior Civil / > Judge Court, Repalle to the Judge, Family Court, City Civil Vijayawada. 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 of all further proceedings in HMOP No.5 of 2021 on the file of the Senior Civil Judge Court, Repalle pending disposal of the Tr.CMP. Counsel for the Petitioner: Smt Jayanti S C Sekhar Counsel for the Respondent: Sri Naganjaneyulu Borra The Court made the following: Courts 1 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.262 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 transfer of H.M.O.P.No.5 of 2021 on the file of the Senior Civil Judge Court, Repalle, to the file of the Family Court, City Civil Courts, Vijayawada, Krishna District, for trial. 2. The case of the petitioner in brief is as follows: The petitioner is the legally wedded wife of the respondent. During their wedlock period, the petitioner/wife and the respondent/husband were blessed with two female children. After that, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her two female children aged about 11 years and 8 years respectively at Hyderabad. The petitioner/wife further pleaded that to cause unnecessary inconvenience to her, the respondent/husband had filed H.M.O.P.No.5 of 2021 on the file of the Senior Civil Judge Court, Repalle, under Section 13(1)(i)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is pending for adjudication. The petitioner further pleaded that, the respondent/husband has neglected her and the children, and is now attempting to influence her I. II. III. VGKR, J Tr.C.M.P.No.262 of 2025 Dated 02.09.2025 2 through her advocate to agree for divorce, failing which, she cannot enter the Court premises. The respondent/husband has also been threatening the petitioner, her younger brother Mr. Gopi, and her parents with dire consequences. Under these circumstances, the petitioner/wife had submitted a Memo on 22-07-2025 before the trial Court, seeking relief grant four (4) weeks’ time to engage another advocate to represent the in H.M.O.P.No.5 of 2021 and conduct the to case case proceedings. However, the trial Court was not inclined to grant further time as the above said H.M.O.P.No.5 of 2021, was coming up for cross-examination of the respondent/husband. IV. The petitioner further pleaded that, she has a life threat in the hands of the respondent/husband, as he is an influential and capable of managing any advocate engaged by her, in order to secure a divorce without further contest. Therefore, the petitioner/wife is constrained to file the present petition seeking transfer of the above said H.M.O.P.No.5 of 2021 on the file of the Senior Civil Judge Court, Repalle, to the file of the Family Court, City Civil Courts, Vijayawada, Krishna District. 3. Heard learned counsel appearing on both sides on record. 4. Perused the material available on record. 5. The grounds urged by the petitioner/wife H.M.O.P.No.5 of 2021 seeking transfer of on the file of the Senior Civil Judge Court, Repalle, to VGKR, J Tr.C.M.P.No.262 of 2025 Dated 02.09.2025 3 the file of the Family Court, City Civil Courts, Vijayawada, Krishna District, is that the respondent/husband is threatening the petitioner/wife, her younger brother Mr. Gopi, and her parents with dire consequences. The law is well settled that mere apprehension of life threat is not a valid ground for seeking transfer H.M.O.P.No.5 of 2021, from one place another place. During the course of arguments, the learned counsel for the respondent submitted that instead of transferring the case from Repalle to Vijayawada, it 6. may be transferred to Tenali, Guntur District. Learned counsel for the petitioner also fairly submitted that he has no objection to transferring the matter to the file of the Senior Civil Judge, Tenali, Guntur District. 7. The material on record prima facie goes to show that, due to the matrimonial disputes between both the spouses, the petitioner/wifehas been residing separately along with her two children at Hyderabad. 8. 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. 9. The Apex Court in a case of N.C.V. AISHWARYA VS A.S. SARAVANA KARTHIK SHA^, held as follows: (2000) 10 see 304 ^ 1(022 LiveLaw (se) 627 VGKR, J Tr.C.M.P.No.262 of 2025 Dated 02.09.2025 4 “9. The cardinal principles for exercise ofpower under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, matters, wherever Courts transfer, the Courts have to take soundness of both the parties, the social strata of the behavioural pattern, their standard of life subsequent thereto and the a] appeal or other proceeding. In matrimonial are called upon to consider the plea of into consideration the economic spouses and their marriage and prior to 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." are 10. On considering the submissions record, without going into merits of the present Transfer Civil Miscellaneous Petition H.M.O.P.No.5 of 2021 transferring the same to the file of the Guntur District. It i‘ sides that a time limit the Principal Senior Civil Judge, Tenali before the Senior Civil Judge, Repalle, long the year 2021. made by both sides counsels case, this Court is inclined to allow the by withdrawing the on the file of the Senior Civil Judge Court, Repalle Principal Senior Civil Judge, Tenali on case in and IS represented by the learned counsel appearing on both No. 5 of 2021 by as the said case was originally filed back and the matter pertains to may be fixed for disposal of H.M.O.P. 11- \ln the \ the H.M.O.P.No.5 of 2021 result, the Transfer Civil Miscellaneous Petition i on the file of the Senior Civil Judge Court IS allowed and Repalle *■ VGKR, J Tr.C.M.P.No.262 of 2025 Dated 02.09.2025 5 is hereby withdrawn and transferred to the file of the Principal Senior Civil Judge, Tenali, Guntur District. The learned Senior Civil Judge Court, Repalle, shall transmit the case record in H.M.O.P.No.5 of 2021, to the file of the Principal Senior Civil Judge, Tenali, Guntur 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. Both the parties are directed to appear before the Principal Senior Civil Judge, Tenali, Guntur District, on 06.10.2025, at 10.30 a.m. On considering the submissions made by the learned counsel appearing on both sides, as the said case was originally filed before the Senior Civil Judge, Repalle, long back and the matter pertains to the year 2021, the learned Principal Senior Civil Judge, Tenali, Guntur District, is hereby directed to dispose of the matter within a period of six (06) months from the date of appearance of both the parties. 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/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To, 1. The Civil Judge (Senior Division), Repalle, Guntur District. 2. The Principal Civil Judge (Senior Division), Tenali, Guntur District. 4 3. Yarlagadda Baji Bhavani, W/o.Sri Hari, D/o.Dasari Seshagiri Rao, Occupation Private Service, R/o.D.No.7-11-10, Ward No.10, Nidubrolu, Gowdapalem Village, Ponnuru Mandal, Guntur District, A.P. Presently R/o.At Flat No.1, First Floor, Block No. 181, Jai Shanker Colony, KTR Nagar, Yallamma Banda, Kukatpally^ Telangana-500 072. Medchal-Malkajgiri District, 4. Yarlagadda Sri Hari, S/o. Krishna Rao, Private Employee Thurakapalem, Hamlet of Peteru, Repalle Mandal, Bapatia District, Andhra Pradesh-522 438. 5. One CC to Smt Jayanti S C Sekhar, Advocate [OPUC] 6. One CC to Sri Naganjaneyulu Borra, Advocate [OPUC] 7. Two CD Copies BSV vna • •% HIGH COURT DATED:02/09/2025 ORDER TRCMP NO. 262 OF 2025 5( 10 SEP 2025 J ntSectjonx^ c \ ALLOWING THE TR.CMP WITHOUT COSTS