■ y 3 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION NO: 427 OF 2024 Between: Lakkireddy Renuka @ Yerramsetty Renuka, W/o. Lakkireddy Lohit, D/o. Yerramsetty Nageswara Rao, Aged about 26 Years, Occ; House wife, R/o. H.N0.29-178-22DA, Ramalayam Temple Back side, S.BI. Colony, Tekke, Nandyal, Kurnool District, Andhra Pradesh. ...Petitioner AND L Lohith, S/o. L. Rami Reddy, Aged about 34 Years, Occ: Manager in Union Bank, Tadipatri, Anatapuram District, R/o. Chandrapriya Nagar, Gooty town, Anantapur District, Cel 9966275767. ...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 withdraw the Divorce petition vide H.M.O.P. No. 61 of 2024 pending on the file of Honble Senior Civil Judge, Gooty, Anantapuram District, and transfer the same to any other competent court having jurisdiction at Nandyala, Kurnool 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 grant stay of all further proceedings in H.M.O.P. No.61 of 2024 ik pending on the file of Hon’ble Senior Civil Judge, Gooty, Anantapuram district pending disposal of the Main TRCMP. Counsel for the Petitioner: SRI. V NITESH Counsel for the Respondents: None Appeared The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.427 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.61 of 2024, on the file of the Senior Civil Judge, Gooty, Ananthapur District and transfer the same to any other competent Court having the jurisdiction at Nandyala, Kurnool District, for trial. The case of the petitioner in brief is as follows: The petitioner is legally wedded wife of the respondent and their marriage was performed on 07.05.2017 at Police Complex Function Hall, Ananthapuram Town, 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 five (5) years at her parents’ house at Nandyala, Kurnool District. The petitioner/wife pleaded that, she lodged a complaint against the respondent/husband dated 24.08.2021, in Crime No.447 of 2021 under Section 498-A r/w Section 34 of I.P.C., and under Section 3 & 4 of Dowry Prohibition Act, 1961, 2. 1. Tr.C.M.P.No.427of 2024 VGKR, J 2 before II Town Police Station, Nandyal and the same was registered as vide C.C.No.771 of 2022 on the file of the Judicial Magistrate of First Class, Nandyal, and the same is pending for adjudication. The petitioner/wife further pleaded that, she filed a Maintenance Case vide M.C.No.20 of 2021, seeking monthly maintenance from the respondent/husband and she also filed a Domestic Violence Case vide D.V.C.No.7 of 2024 on the file of the Judicial Magistrate of First Class, Nandyal, the said cases are pending for adjudication before the same Court at Nandyala, Kurnool District. II. The petitioner/wife further pleaded that. to cause unnecessary inconvenience to her, the respondent/husband filed H.M.O.P.No.61 of 2024, on the file of the Senior Civil Judge, Gooty, Ananthapur District, under Section 13(1)(ia) of Hindu Marriage Act, 1955, seeking dissolution of the marriage and the same is also pending for adjudication. The petitioner/wife further pleaded that, the distance between Nandyala and Gooty, is more than 130 Kms, she being a women depending upon her parents along with her child, it is very difficult for her to travel from Nandyala to Gooty to attend the divorce case proceedings on each and every adjournment without any male support and that she is Tr.C.M.P.No.427of 2024 VGKR, J 3 seeking to withdraw the H.M.O.P.No.61 of 2024, on the file of the Senior Civil Judge, Gooty, Ananthapur District and transfer the same to any other competent Court having the jurisdiction at Nandyala, Kurnool District. Heard learned counsel for the petitioner. 3. As per the Registry endorsement, notice sent to the respondent and the same was served on him. But, none appeared 4. for the respondent. Perused the material available on record. 5. The material on record prima facie goes to show that, the 6. petitioner/wife has been residing separately along with her child aged about five (5) years at Nandyala, Kurnool District. She has instituted three (3) cases i.e., 498-A, Maintenance Case and Domestic Violence Case against the respondent/husband herein and the said cases are pending before the competent Court at Nandyala and the respondent/husband is also attending the case proceedings before the said Court. The material on record further reveals that the respondent/husband has also filed H.M.O.P.No.61 of 2024, on the file of the Senior Civil Judge, Gooty, Ananthapur District, under Section 13(1)(ia) of Hindu Marriage Act, 1955, seeking dissolution of the marriage. The contention of the learned Tr.C,M.P.No.427 of 2024 VGKRJ 4 counsel for the petitioner is that, the petitioner/wife is staying separately along with her child aged about five (5) years at her parents’ house at Nandyala and the distance between Nandyala and Gooty is more than 130 Kms, since the petitioner being a woman depending upon her parents along with her child, it is very difficult for her to travel from Nandyala to Gooty to attend the divorce case proceedings which is filed by the respondent/husband herein before the Senior Civil Judge, Gooty, Ananthapur District, on each and every adjournment without any male support and that she was 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.” 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 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 7. 8. ^ (2000) 10 see 304 ^ 2022 LiveLaw (SC) 627 V Tr,C.M.P.No.427of2024 VGKR,J 5 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 9. 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 to withdraw the H.M.O.P.No.61 of 2024, on the file of the Senior Civil Judge, Gooty, Ananthapur District and transfer the same to the Principal Senior Civil Judge Court at Nandyala, Kurnool District. In the result, the Transfer Civil Miscellaneous Petition is 10. allowed and the H.M.O.P.No.61 of 2024, on the file of the Senior Civil Judge, Gooty, Ananthapur District, is hereby withdrawn and transferred to the Principal Senior Civil Judge Court at Nandyala, Kurnool District. The learned Senior Civil Judge, Gooty, Ananthapur District, shall transmit the case record in H.M.O.P.No.61 of 2024 to the Principal Senior Civil Judge Court at Nandyala, Kurnool District, Tr.C.M.P.No.427of 2024 VGKR,J 6 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. Sd/- P. VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SE OFFICER To, 1. The Civil Judge(Senior Division), Gooty, Anantapuram District 2. The Principal Civil Judge(Senior Division), Nandyala, Kurnool District 3. One CC to Sri V Nitesh, Advocate [OPUC] 4. Three CD Copies. stu t, HIGH COURT DATED: 10/02/2025 ORDER TRCMP.No.427 of 2024 ^ToTa-Sd^^ S 18 FEB 2025 «»/ . Current ;teciion . ALLOWING THE TR.CMP WITHOUT COSTS