APHC010569272024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY SECOND DAY OF AUGUSTf g | TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA TRANS. CIVIL MISC.PETITION NO: 429 OF 2024 L' b; A. RAO Between: Dr.Nimmala Ramya Sruthi, D/o.Nimmala Sarojani Devi, aged 32 years, ' Female, Doctor, Civil Assistant Surgeon, Community Achanta Village-534123, Achanta Mandal, West Godavari District. Health Centre, ...Petitioner AND Dr.Poludasu Venkatesh, S/o.Venkateswarlu Male, Doctor, R/o.Door No. 10-1-17, 524137, Kovur Mandal, SPSR Nellore District. Hindu, aged 37 years Poleramma Bavi Street, Kovur - ...Respondent of the C.P.C. praying that in the may be on the file of Senior Civil Judge the file of Senior Civil Judge Court at Petition filed under Section 24 circumstances stated in the affidavit filed therewith, the High Court pleased to transfer the H.M.O.P.No.54 of 2024 Court at Kovur, SPSR Nellore District to Narasapuram, West Godavari District. lA NO: 1 OF Petition filed under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to stay of all further proceedings in H.M.O.P.No.54 of 2024 on the file of the Senior Civil Judge Court at Kovur, SPSR Nellore District disposal of the above Tr.C.M.P. Counsel for the Petitioner: Sri Kotha Naga Surya Rao Counsel for the Respondent: Sri P.Ganga Rami Reddy The Court made the following: pending 1 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.429 of 2024 ORDER: The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908, (for short 'the C.P.C.’) seeking for transfer of H.M.O.P.No.54 of 2024 on the file of the Senior Civil Judge Court at Kovvur, S.P.S.R. Nellore District, to the file of the Senior Civil Judge Court at Narasapuram, West Godavari District, for trial. 2. The case of the petitioner in brief is as follows: The petitioner is the legally wedded wife of the respondent/husband and the marriage of the petitioner with the respondent was solemnized in the presence of both side elders on 10.02.2023, at TTD Kalyana Madapam, Penugonda, West Godavari District, according to Hindu Rites and Caste Customs. Later, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately and she is working as a Civil Assistant Surgeon in Community Health Centre, Achanta, West Godavari District. The petitioner/wife pleaded that in view of the harassment made by the respondent/husband, she lodged a complaint against the respondent/husband, dated 23.10.2023, in Cr.No.103 of 2023, for the offence punishable under Section 498-A, of I.P.C. and under Sections 3 & 4 of the Dowry Prohibition Act, 1961, before VGKR, J Tr.C.M.P.No.429 of 2024 Dated 22.08.2025 ' 2 the Achanta Police Station, West Godavari District, after completion of investigation. Police filed a charge sheet and the same was numbered as C.C.No.406 of 2023 on the file of the I Additional Judicial Magistrate of First Class, Palakol, West Godavari District and the same is pending for adjudication. The petitioner/wife further pleaded that to inconvenience and to harass her, the respondent/husband had cause filed H.M.O.P.No.54 of 2024 on the file of the Senior Civil Judge Court at Kovvur, S.P.S.R. Nellore District, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. III. Learned counsel for the petitioner would contended that the petitioner being a woman and residing separately and working as a Civil Assistant Surgeon in Community Health Centre, Achanta and she has to take care of her old aged mother and her father had died long ago, it is very difficult for her to travel to attend the divorce case proceedings before the Court at Kovvur, which is situated at a distance of more than 400Kms from Achanta to Kovvur without any male assistance and that she was constrained to file the present petition against the respondent/husband, seeking for transfer of H.M.O.P.No.54 of 2024 on the file of the Senior Civil Judge Court at Kovvur, VGKR, J Tr.C.M.P.No.429 of 2024 Dated 22.08.2025 3 S.P.S.R. Nellore District, to the file of the Senior Civil Judge Court at Narasapuram, West Godavari District. Learned counsel for the respondent would contend that the respondent/husband is working as an Assistant Professor at Chennai. He further represented that, in case, if the present matter may be transfer from Nellore to he will face several difficulties for attending the Court proceedings 3. Narsapuram, before the Senior Civil Judge Court at Narsapuram, West Godavari District, which is more far away from Chennai. 4 Heard Sri Kotha Naga Surya Rao, learned counsel for the petitioner and 5ri p. Ganga Ramireddy, learned Senior Counsel appearing on behalf of respondent. Perused the material available on record. 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 Achanta and she has instituted a Criminal Case against the respondent/husband i.e., C.C.No.406 of 2023 on the file of the I Additional Judicial Magistrate of First Class, Palakol, West Godavari District. The material record further discloses that the respondent/husband had filed H.M.O.P.No.54 of 2024 on the file of the Senior Civil Judge Court at Kovvur, S.P.S.R. Nellore pistrict, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. 5. 6. on V6KR, J Tr.C.IVI.P.No.429of 2024 Dated 22.08.2025 ' 4 7. 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.” 8. The Apex Court in a case of N.C.V. AISHWARYA VS A.S. SARAVANA KARTHIK SHA^, held as follows: “9. The cardinal principles 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. ” 9. On considering the submissions made by the learned counsel appearing for both sides and in view of the ratio laid down by the aforesaid case laws and on considering the facts and circumstances of the case that in matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience of the husband and in view of the matrimonial disputes ’(2000) 10 see 304 ' 2022 LiveLaw (SC) 627 VGKR, J Tr.C.M.P.No.429of 2024 Dated 22.08.2025 5 between both the parties, the petitioner/wife has been residing separately at Achanta, and it is very difficult for her to travel for attending the Court proceedings which is situated at a distance of more than 400Kms from Achanta to Kovvur and therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, seeking for transfer of H.M.O.P.No.54 of 2024 on the file of the Senior Civil Judge Court at Kovvur, S.P.S.R. Nellore District, to the file of the Senior Civil Judge Court at Narasapuram, West Godavari District. Further, on considering the submissions made by the learned counsel for the respondent that, since the respondent/husband herein is an employee and working as an Assistant Professor and is currently residing in Tamil Nadu State and therefore, it is desirable to dispense with the personal attendance of the respondent/husband herein i.e., the petitioner in H.M.O.P.No.54 of 2024 on the file of the Senior Civil Judge Court at Kovvur, S.P.S.R. Nellore District, before the transferee Court. 10. In the result, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.54 of 2024 on the file of the Senior Civil Judge Court at Kovvur, S.P.S.R. Nellore District, is hereby withdrawn and transferred to the file of the Senior Civil Judge Court at Narasapuram, West Godavari District. The learned Senior Civil Judge Court at Kovvur, S.P.S.R. Nellore District, shall transmit the case record in H.M.O.P.No.54 of 2024, to the file of the Senior Civil Judge Court at Narasapuram, West Godavari District, 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. Both the parties are directed to appear before the Senior Civil VGKR, J Tr.C.M.P.No.429of 2024 Dated 22.08.2025 ‘ '■0* 6 Judge Court at Narasapuram, West Godavari District, a.m. Later the learned Senior Civil Judge Court at Narasapuram, West Godavari District, is hereby directed not to insist for the respondent herein i.e., the petitioner in H.M.O.P.No.54 of 2024 on 24.09.2025, at 10.30 personal appearance of the as long as his counsel is attending the Court proceedings and representing the case except on the day when re-conciliation proceedings are being taken up or on the day when his cross-examination is required to be recorded or on any other day when his personal appearance is required as directed by the learned Senior Civil Judge Court at Narasapuram, West Godavari District. 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/- G HELA NAIDU assistant registrar I //TRUE COPY// SECTIOI^FFICER SPSR Nellore District. West Godavari District. Civil Achanta Village-534123 To. 1. The Civil Judge (Senior Division), Kovur 2. The Civil Judge (Senior Division), Narasapuram 3. Dr.Nimmala Ramya Sruthi, D/o.Nimmala Sarojani Devi, Doctor Assistant Surgeon, Community Health Centre Achanta Mandal, West Godavari District. 4. Dr.Poludasu Venkatesh, S/o.Venkateswarlu 17, Poleramma Bavi Street, Kovur Nellore District. Doctor, R/o.Door No. 10-1- - 524137, Kovur Mandal, SPSR 5. One CC to Sri Kotha Naga Surya Rao, Advocate [OPUC] 6. One CC to Sri P.Ganga Rami Reddy, Advocate 7. Two CD Copies [OPUC] BSV sree HIGH COURT DATED:22/08/2025 ^'=AN0J^ ORDER TRCMP NO. 429 OF 2024 il^ 02 SEP 2025 S Current Section ALLOWING THE TR.CMP WITHOUT COSTS