H H ¥ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 411 OF 2024 Between: Tirumani Jyothi, W/o. Tirumani Srinivasu, D/o. Ponnamanda Nageswara Rao, aged about 24 years, R/o. Door No. 1-206, Nagidi Palem Village, Bhimavaram Mandal, West Godavari District and JCJC. Ph 984897034324. ...Petitioner AND Tirumani Srinivasu, S/o. Lavaraju aged about 32 years Private employee R/o. Door No.8-64, Near Dam centre, Elamanchiili Village, Elamanchili Mandal, West Godavari District and JCJC, Mobile.no 9618811779. ...Respondent 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 allow the transfer CMP by withdrawing H.M.O.P.No.65/2 024 on the file of Civil Judge(Senior Division), at Narasapur, West Godavari District and to transfer the same to the Civil Judge(Senior Division), at Bhimavaram, West Godavari District. 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 the further proceedings in H.M.O.P.No .65/2024 on the file of Civil Judge(Senior Division), at Narasapur, West Godavari District. Counsel for the Petitioner: Sri. Anasuri Eswar Sai Counsel for the Respondents: - The Court made the following: ORDER THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.411 of 2024 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw the H.M.O.P.No.65 of 2024, on the file of the Senior Civil Judge, Narsapur, West Godavari District, and transfer the same to the Senior Civil Judge Court at Bhimavaram, West Godavari Judicial District, for trial. 2. The case of the petitioner in brief is as follows: I. The petitioner is none other than the wife of the respondent/husband and their marriage was performed on 27.12.2020 at Elamanchili, West Godavari District, as per Hindu Rites and Caste Customs. During their wed-lock period, the petitioner/wife blessed with two (2) children and in view of the matrimonial disputes in between both the spouses; she has been residing separately along with her two (2) children aged about below (4) years at her parents’ house at Nagidipalem Village, Bhimavaram Mandal, West Godavari District. i Tr.C.M.P.No.411 of 2024 VGKR, J Cl 2 II. The petitioner/wife further pleaded that to cause unnecessary to her, the respondent/husband has filed >" inconvenience H.M.O.P.No.65 of 2024, on the file of the Senior Civil Judge, Narsapur, West Godavari District, under Section 13(1)(ia) of Hindu Marriage Act, 1955, seeking dissolution of the marriage and the same is pending for adjudication. The petitioner/wife further contended that, the distance between Nagidipalem Village and Narsapur is approximately more than 30 Kms, she being a women depending upon her parents along with her two (2) children aged about below 4 years, it is very difficult for her to travel from Nagidipalem Village to Narsapur to attend the divorce case proceedings before the said Court on each and every adjournment without any male support and that she is seeking to withdraw the H.M.O.P.No.65 of 2024, on the file of the Senior Civil Judge, Narsapur, West Godavari District, and transfer the same to the Senior Civil Judge Court at Bhimavaram, West Godavari Judicial District. Heard learned counsel for the petitioner. 3. Tr.C.M.P.No.411 of 2024 VGKR, J f 3 4. As per the Registry endorsement, notice sent to the respondent and the same was served to him on 11.01.2025. But, there is no representation on behalf of the respondent. The material on record prima facie goes to show that, the petitioner/wife has been residing separately at Nagidipalem Village and depending upon her parents along with her two (2) children aged about below (4) years. It is also a fact that the respondent/husband has filed H.M.O.P.No.65 of 2024, on the file of the Senior Civil Judge, Narsapur, West Godavari District, under Section 13(1)(ia) of Hindu Marriage Act, 1955, seeking dissolution of the marriage and the same is pending for adjudication. The contention of the learned counsel for the petitioner is that, the petitioner/wife is staying separately at her parents’ house along with her two (2) children aged about below (4) years at Nagidipalem Village and the distance between Nagidipalem Village and Narsapur is more than 30 kms, since the petitioner being a woman and depending upon her parents along with her two (2) children, it very difficult for her to travel from Nagidipalem Village to Narsapur to attend the divorce case proceedings before the Senior Civil Judge Court at Narsapur, West Godavari District, on each and 5. IS Tr.C.M.P.No.411 of 2024 VGKR, J 9 4 every adjournment without any male support and that she was constrained to file the present transfer petition. 6. 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.” The Apex Court in a case of N.C.V. Aishwarya Vs A.S.SaravanaKarthikSha^ held as follows: 7. “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 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. ” are ^ (2000) 10 see 304 ^ 2022 LiveLaw (SC) 627 atSC- Tr.C.M.P.No.411 of 2024 VGKR, J 5 8. 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 of the petitioner/wife, seeking to withdraw the H.M.O.P.No.65 of 2024 the file of the Senior Civil Judge, Narsapur, West Godavari District and transfer the same to the Senior Civil Judge Court Bhimavaram, West Godavari Judicial District. \ on at 9. In the result, the Transfer Civil Miscellaneous Petition i: allowed and the H.M.O.P.No.65 of 2024, on the file of the Senior Civil Judge, Narsapur, West Godavari District, is hereby withdrawn and transferred to the Senior Civil Judge Court at Bhimavaram, West Godavari Judicial District. The learned Senior Civil Judge, Narsapur, West Godavari District, shall transmit the H.M.O.P.No.65 of 2024 to the Senior Civil Judge Court Bhimavaram, West Godavari Judicial District, duly indexed expeditiously as possible preferably within a period of two (02) IS case record in at as w Tr.C.M.P.No.411 of 2024 VGKR, J 6 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/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge(Senior Division), Narasapur, West Godavari 2. The Civil Judge(Senior Division), Bhimavaram, West Godavari District. 3. Tirumani Srinivasu, S/o. Lavaraju aged about 32 employee, R/o. Door No.8-64, Near Dam Elamanchili Mandal, West Godavari District. 4. Tirumani Jyothi, W/o. Tirumani Srinivasu, D/o. Ponnamanda Nageswara Rao, aged about 24 years, R/o. Door No. Bhimavaram Mandal, West Godavari District 5. One CC to Sri. Anasuri Eswar Sai Advocate [OPUC] 6. Three CD Copies District years Private centre, Elamanchiili Village, 1-206, Nagidi Palem Village, Stu vna f HIGH COURT DATED:30/01/2025 i»* / f ORDER i n FEB 2025 1 TRCMP.No.411 of 2024 . Current Section . ALLOWING THE TR.CMP