V IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY. THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 417 OF 2024 Between: Pikkili Sravani, W/o.Nallabothula Suneell Kumar, aged about 32 Occ: Housewife , R/o.D.No.4/268, Diguva Basinagan Palle, Rajampeta Kadapa. years ...Petitioner/Respondent AND Nallabothula Suneel Kumar, S/o.N.Bhagavan, aged about 32 R/o.D.No.20-285, Masapeta, Venkatagiri Town, Tirupathi District. ...Respondent/Petitioner years. 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 withdraw the H.M.O.P No.167 of 2024 on the file of Hon'ble Senior Civil Judge, Gudur at Nellore District and transfer the Hon ble Senior Civil Judge Court, at Rajampeta, Kadapa District other Court that have Jurisdiction to try this case at Rajampeta, Kadapa District. same to any or any 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 Stay all further proceedings in H.M.O.P No.167 of 4 2024 on the file of Hon'ble Senior Civil Judge, Gudur at Nellore District pending disposal of the above Transfer Civil Miscellaneous Petition. Counsel for the Petitioner :Sri T D Phani Kumar Counsel for the Respondent :Smt. Tandasa Radha Rani (Not present) The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.417 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.167 of 2024, on the file of the Senior Civil Judge Gudur, Nellore District and transfer the same to the Senior Civil Judge Court at Rajampeta, Kadapa District, for trial. 2, The case of the petitioner in brief is as follows: I. The petitioner is legally wedded wife of the respondent and their marriage was performed on 09.03.2017 at TTD Kalyanarnandapam, Venkatagiri, as per Hindu Rites and Caste Customs. During their wed-lock period, the petitioner/wife blessed with a child and in view of the matrimonial disputes in between both the spouses; she has been residing separately along with her child aged about 5 years at her parents’ house at Rajampeta, Kadapa District. The petitioner/wife pleaded that, she lodged a complaint against the respondent/husband dated 18.06.2024, in F.I.R.No.152 of 2024 under Section 498-A r/w Section 34 of I.P.C., and under Section 3 & 4 of Dowry Prohibition Act, 1961, before Rajampet Police Station, the same is pending for investigation. Tr.C.M.P.No,4:l7 of 2024 VGKH, J 2 The petitioner/wife further pleaded that, to cause unnecessary inconvenience to her, the respondent/husband has filed H.M.O.P.No.167 of 2024, on the file of the Senior- Civil Judge, Gudur, Nellore District, under Section 13(1)(ia)(ib) 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 Rajampeta and Gudur, is approximately 100 Kms, she being a women depending upon her parents along with her child, it is very difficult for her to travel from Rajampeta to Gudur to attend the Court proceedings on each and every adjournment without any male support and that she is seeking to withdraw the H.M.O.P.No.167 of 2024, on the file of the Senior Civil Judge, Gudur, Nellore District and transfer the same to the Senior Civil Judge Court at Rajampeta, Kadapa Judicial District. Heard learned counsel for the petitioner. 3. As per the Registry endorsement, notice sent to the 4. respondent and the same was served on him. But, none appeared for the respondent. Perused the material available on record. 5. Tr,C.M.P.No.417 of 2024 V6KR, J 3 6. The material on record prima facie goes to show that, the petitioner/wife has been residing along with her child at Rajampeta, Kadapa District, she lodged a complaint before Rajampeta Police Station and the said case is pending for investigation. It is also a fact that that the respondent/husband has filed H.M.O.P.No.167 of 2024, on the file of the Senior Civil Judge, Gudur, Nellore District, under Section 13(1)(ia)(ib) of Hindu Marriage Act, 1955, seeking dissolution of the marriage. The contention of the learned counsel for the petitioner is that, the petitioner/wife is staying separately along with her child at her parents’ house at Rajampeta, the distance between the Rajampeta and Gudur is more than 100 kms, since the petitioner being a woman depending upon her parents along with her child, it is very difficult for her to travel from Rajampeta to Gudur to attend the divorce case proceedings before the Senior Civil Judge, Gudur, Nellore District, on each and every adjournment without any male support and that she constrained to file the present transfer petition. 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.” was 7. ^ (2000) 10 see 304 Tr.C.M.P.No.417of 2024 VGKFt,J 4 8. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.SaravanaKarthikSha^ held 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 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 paiiies 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 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 9. inconvenience of the husband. Therefore, I am of the considered view that there are justifiable grounds to consider the request of the petitioner/wife to withdraw the H.M.O.P.No.167 of 2024, on the file of the Senior Civil Judge, Gudur, Nellore District and transfer the same to the Senior Civil Judge Court at Rajampeta, Kadapa Judicial District. ^ 2022 LiveLaw (SC) 627 Tr,C.M.P.No.417of 2024 VGKR,J 5 In the result, the Transfer Civil Miscellaneous Petition is 10. allowed and the H.M.O.P.No.167 of 2024, on the file of the Senior Civil Judge, Gudur, Nellore District, is hereby withdrawn and transferred to the Senior Civil Judge Court at Rajampeta, Kadapa Judicial District. The learned Senior Civil Judge, Gudur, Nellore District, shall transmit the case record in H.M.O.P.No.167 of 2024 to the Senior Civil Judge Court at Rajampeta, Kadapa District, duly indexed as expeditiously as possible preferably within a period of two (02) 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. SDI- K SRINIVASA RAJU ASSISTANT. REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division), Gudur, Nellore District. 2. The Civil Judge (Senior Division), Rajampeta, Kadapa District. 3. Pikkili Sravani, W/o.Nallabothula Suneell Kumar, Occ: Housewife R/o.D.No.4/268, Diguva Basinagan Palle, Rajampeta, Kadapa. 4. Nallabothula Suneel Kumar, S/o.N.Bhagavan, R/o.D.No.20-285 Masapeta, Venkatagiri Town, Tirupathi District. 5. One CC to Sri T D Phani Kumar, Advocate [OPUC] 6. One CC to Smt. Tandasa Radha Rani, Advocate [OPUC; 7. Three CD Copies BSV sree high court DATED:04/02/2025 ORDER TRCNlP.No.417 of 2024 X 11 FEB 2025 to, (9>^ Curreiu aecuon allowing the TR.C.Nl.P WITHOUT COSTS