APHC010493672024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 368 OF 2024 Between: R Leelavathi, w/o P.Ravi Shankar, Age 47 Years, Occ; Dependent, R/o 12-149-B, Kondakindakatta District Kallur RS, Garladinne Mandal, Anantapur ...PETITIONER/PETITIONER/RESPONDENT AND P Ravi Shankar, s/o Venkata Ramaiah, Aged 52 Years, Occ Government Teacher, Mine School, Muddanuru Road, Yerraguntia, Kadapa District Now R/o Dandupalle Prathamika Patashala Dandupalle, Yerraguntia Mandal, Kadapa District. ...RESPONDENT/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 withdraw the HMOP.No.93 of 2024 on the file of Honourable Principal Senior Civil Judge Proddatur and transfer the same to The Court of Honourable Judge, Family Court at Anantapur. ^ lA NO: 1 OF 2024 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.93 of 2024 on the file of Hon’ble Principal Senior Civil Judge; Proddatur. Counsel for the Petitioner : SRI N CHANDRA SEKHAR REDDY Counsel for the Respondent : SRI D.SHYAM SUNDER The Court made the following ORDER ; THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO r TRANSFER CIVIL MISCELLANEOUS PETITION No.368 of 2024 ORDER: The petitioner/wife filed the present petition under Section 24 of 1908, seeking to withdraw H.M.O.P.No.93 of 2024, on the file of the Principal Senior Civil Judge Court, Proddatur and transfer the same to the Judge, Family Court, the Code of Civil Procedure Anantapur. The case of the petitioner in brief is as follows; 2. The petitioner is the legally wedded wife of the respondent. In view of the matrimonial disputes between both the parties, the petitioner/wife along with her daughter aged about 13 years are staying at her parents’ house at Garladinne Mandal, Anantapur District, depending upon the mercy of her parents. The petitioner pleaded that she had filed a Maintenance Case vide M.C.No.20 of 2018, on the file of the II Special Magistrate Court, Anantapur and the respondent/husband is attending the Court proceedings before the competent Court at Anantapur. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband filed H.M.O.P.No.93 of 2024, on the file of the Principal Senior Civil Judge Court, Proddatur, under Section 13(1 )(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage. I. II. Learned counsel for the petitioner further contended that the petitioner being a woman having a daughter aged about 13 years, depending upon the mercy of her parents, it is very difficult for the petitioner/wife to travel at a distance of approximately more than 140 Kms from Anantapur to Proddatur for attending the Court proceedings before the Principal Senior Civil Judge Court, Proddatur, without any male support and that she was constrained to file the present petition against the respondent/husband seeking to withdraw H.M.O.P.No.93 of 2024, on the file of the Principal Senior Civil Judge Court, Proddatur and transfer the same to the Judge, Family Court, Anantapur. 3. Heard Sri N.Chandra Sekhar Reddy, learned counsel for the petitioner. Though the matter is posted today under the caption Orders , there is no representation on behalf of the respondent. 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 along with her daughter aged about 13 years at her parents’ house at Garladinne Mandal, Anantapur District and she had filed a Maintenance Case vide M.C.No.20 of 2018, on the file of the II Special Magistrate Court, Anantapur. The respondent/husband H.M.O.P.No.93 of 2024, on the file of the Principal Senior Civil Judge For 4. has filed 3 r- Civil Judge Court, Proddatur, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage. I The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER HEERA'', held by considering the fact that “if a wife does 5. 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: 6. “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 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.” On considering the submissions made by the learned counsel 7. 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 considered than that of the inconvenience of the husband. ^ (2000) 10 see 304 ^ 20:22 LiveLaw (SC) 627 4 % 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.93 of 2024, on the file of the Principal Senior Civil Judge Court, Proddatur and transfer the Anantapur. same to the Judge, Family Court 8. In the result, the present petition is allowed and H.M.O.P.No 93 of 2024, on the file of the Principal Senior Civil Judge Court, Proddatur, is hereby withdrawn and transferred to Judge, Family Court, Anantapur. The Principal Senior Civil Judge Court, Proddatur, shall transmit the case record in H.M.O.P.No.93 of 2024 to the Judge, Family Court, Anantapur, 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, 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 Principal District Judge, Kadapa, YSR Kadapa District 2. The Principal District Judge, Ananthapur, Ananthapuram District 3. The Principal Civil Judge (Senior Division), Proddatur, YSR Kadapa District f- 4. The Judge, Family Court, Anantapur, Ananthapuram District 5. One CC to Sri. N Chandra Sekhar Reddy Advocate [OPUC] 6. One CC to Sri. D.Shyam Sunder Advocate [OPUC] 7. Two CD Copies stu TAC f t HIGH COURT DATED:12/09/2025 4 ORDER TRCMP NO. 368 OF 2024 -5^ g( 2 2 SEP 2025 \cy\ jm ; rCo ■ irrentSectifi 'Ql Si. ALLOWING THE TR.CMP