IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY. THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 373 OF 2024 Between: Yadala Ramya @ Deva Ramya, W/o.Abhisheik Reddy, aged 32 years, Occ:Housewife, R/o.H.No.8-22-76/3, Sitaram Nagar, 1 Srinivasa Lakshmi Modern Rice Mill, Guntur. St Lane, Near ...Petitioner AND Deva Abhiseik Reddy, S/o.Deva Adisesha Reddy, aged 32 years, Occ; Software Engineer, R/o. H.No. 1-38/A, Chittoor District. Now R/o.41/101- 85, Vinayaka Street, Bose Nagar, Rayachoty, Anhamayya 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 order withdrawal of HMOP No.53 of 2024 on the file of the Court of Senior Civil Judge, Rayachoty and transfer the same for trial and disposal to the Court of XII Additional District Judge-cum-Family Court, Guntur, Guntur District. lA NO: 1 OF 2024 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 grant stay all further proceedings in HMOP v-" No.53 of 2024 on the file of the Court of Senior Civil Judge, Rayachoty / YSR Kadapa District. CpUlnsel for the Petitioner j :SRI NANDURI SRINIVAS • ‘ 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.373 of 2024 ORDER: Today when the matter has been taken up for hearing, learned counsel for the petitioner has represented that the proof of service Memo dated 19.06.2025, 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 Notice sent to the respondent was served on him on 05.05.2025. Therefore, ‘service held sufficient’. None appeared for the respondent. 2. The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, (for ‘short the C.P.C.’) seeking withdrawal of H.M.O.P.No.53 of 2024 on the file of the Senior Civil Judge, Rayachoty and transfer the same for trial and disposal to the XII Additional District Judge-cum-Fami ly Court at Guntur, Guntur District, for trial. 3. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent and their marriage was performed on 20.08.2021, at Arya Samaj, 1/3, Arundepet, Gutnur, as per the Hindu Rites and Caste Customs. After that, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing \ % 2 VGKR, J Tr.C.M.P.No.373 of 2024 Dated 25.06.2025 separately at her parents' house at Guntur, and depending upon the mercy of her parents. The petitioner/wife pleaded that in view of the harassment made by the respondent/husband she lodged a complaint against the respondent/husband, in Crime No.182 of 2024, under Section 85 of B.N.S. Act, 2023, before the Disha Women Police Station, pending for investigation. Guntur, the same is II. The learned counsel for the petitioner would further contend that to cause inconvenience to the petitioner/wife, the respondent/husband had filed H.M.O.P.No.53 of 2024 on the file of the Senior Civil Judge, Rayachoty Section 13(1)(ia)(v) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is pending for adjudication. III. Learned counsel for the petitioner would further contended that the petitioner being a woman, depending upon the mercy of her parents at Guntur, it is very difficult for her to travel to attend the divorce case proceedings which is situated at a distance of more than 300 Kms from Guntur to Rayachoty, was constrained to file the present petition against the respondent/husband seeking withdrawal of H.M.O.P.No.53 of 2024 on the file of the Senior Civil Judge, Rayachoty and transfer the for trial and disposal to the XII Additional District Judge-cum-Family Court Guntur, Guntur District. without any male assistance and that she same 3 VGKR, J Tr.CMP.No.373 of 2024 Dated 25.06.2025 4. Heard Sri Solmon Raju, learned counsel representing on behalf of Sri Nanduri Srinivas, 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’. 6. Perused the material available on record. 7. The material on record prima facie goes to show that in view of the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately at her parents’ house at Guntur, Guntur District and she lodged a complaint against the respondent/husband i.e.. Criminal Case under Section 85, B.N.S. Act, 2023, before the Disha Women Police Station at Guntur and the same is pending for investigation. The material on record further reveals that the respondent/husband had filed H.M.O.P.No.53 of 2024 on the file of the Senior Civil Judge, Rayachoty, under Section 13(1)(ia)(v) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER 8. 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. 1 ^(2000) 10 see 304 4 $ VGKR, J Tr.C.M.P.No.373 of 2024 Dated 25.06.2025 The Apex Court in a Sha^ held as follows; 9. case of N.C.V. Aishwarya Vs A.S.Saravana Karthik 9. The Cdrdinel 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 wherever Courts suit, appeal or other proceeding. In matrimonial matters, to consider the plea of transfer, the Courts 9re called upon have to take into consideration the economic soundness of both the parties, the behavioural pattern, their standard of life ori social strata of the spouses and their prior to the marriage and subsequent parties in eking out their livelihood ^^eking their sustenance to life. Given prevailing socio- economic paradigm in the Indian society, generally, it I convenience which musl be looked at while considering transfer." thereto and the circumstances of both the under whose protective umbrella they and the IS the wife’s 10. On considering the submissions petitioner and in matrimonial proceedings, the of the inconvenience of the there are justifiable grounds to consider the seeking for withdrawal made by the learned counsel for the in the aforesaid case laws that in convenience of the wife has to be considered view of the ratio laid down i than that husband. Therefore, I am of the considered view that request made by the petitioner/wife on the file of the Senior Civil transfer the same to the Judge, Famiiy Court of H.M.O.P.No.53 of 2024 Judge, Rayachoty and Guntur District. at Guntur, 11. In the result, the present Transfer Civil Miscellaneous Petition is allowed and on the file of the Senior Civil Judge, Rayachoty H.M.O.P.No.53 of 2024 is hereby ^ 2022 LiveLaw (SC) 621U. 5 VGKR, J Tr.C.M.P.No.373 of 2024 Dated 25.06.2025 withdrawn and transferred to the Judge, Family Court learned Senior Civil Judge, Rayachoty, H.M.O.P.No.53 of 2024, to the Judge, Family Court, indexed as expeditiously as possible preferably within from the date of receipt of a copy of this order. There shall be As a sequel, miscellaneous petitions, if granted earlier, if any, shall stand closed. Guntur, Guntur District. The shall transmit the case record in Guntur, Guntur District, duly a period of two (02) weeks no order as to costs. any pending and the Interim order V Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division), Rayachoty, YSR Kadapa District. 2. The Judge, Family Court, Guntur, Guntur District. 3. One CC to Sri Nanduri Srinivas, Advocate [OPUC] 4. Yadala Ramya @ Deva Ramya, W/o.Abhisheik Reddy, R/o.H.No.8-22- 76/3, Sitaram Nagar, Lane, Near Srinivasa Lakshmi Modern Rice Mill, Guntur.' 5. Deva Abhiseik Reddy, S/o.Deva Adisesha Reddy, Occ: Software Engineer, R/o. H.No.1-38/A, Chittoor District. Now R/o.41/101-85, Vinayaka Street, Bose Nagar, Rayachoty, Annamayya District. 6. Three CD Copies BSV vna HIGH COURT \ DATED:25/06/2025 ORDER g 01 JUL 2025 S '^i^SPATCttSS^ TRCMP.No.373 of 2024 ALLOWING THE TR.CMP WITHOUT COSTS