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High Court of Andhra Pradesh · body

2025 DAILYLAW 41425 (AP)

TUMMALAPALLI @ SWARGAM @ POLURI @ GHANTASALA @ AVULA RADHA KARTHIKA v. GHANTASALA UMA MAHESWARA SASTRY

TRCMP/234/2025 · 2025-11-20

Venuthurumalli Gopala Krishna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.234 of 2025 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 transfer of H.M.O.P. No. 47 of 2025, on the file of the Civil Judge (Senior Division), Eluru, Eluru District, to the file of the Civil Judge (Senior Division), Chirala, Bapatla District, for trial and disposal of the same. 2. The case of the petitioner in brief is as follows: I. The petitioner is the wife of the respondent and the marriage of the petitioner with the respondent was solemnized on 03.12.2022, in the presence of both side elders and well wishers. After that, due to the matrimonial disputes, the petitioner/wife has been residing separately in her brother’s house at Eepurupalem Village, Bapatla District along with her three minor children. II. The petitioner/wife further pleaded that with a view to cause inconvenience to her, the respondent/husband had filed a divorce petition vide H.M.O.P.No.47 of 2025, on the file of Civil Judge (Senior Division), Eluru, Eluru District, under Section 13(1)(i) (ia), Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is pending for adjudication. VGKR, J Tr.C.M.P.No.234 of 2025 Dated 21.11.2025 2 3. Today, when the matter has been taken up today, learned counsel for the petitioner, represented that he has no objection to transfer the H.M.O.P.No.47 of 2025, on the file of Civil Judge (Senior Division), Eluru, Eluru District to the Family Court at Guntur. 4. Learned counsel for the respondent fairly conceded the request made by the petitioner and represented that he has no objection to transfer the H.M.O.P.No.47 of 2025, on the file of Civil Judge (Senior Division), Eluru to the Judge, Family Court, Guntur. He further submitted that the respondent/husband herein is an Employee in APEPDCL at Eluru, if this Court is inclined to transfer the H.M.O.P.No.47 of 2025, the personal appearance of the respondent/husband may be dispensed with before the transferee Court. 5. On considering the submissions made by both the learned counsel on record, a case in H.M.O.P.No.47 of 2025, on the file of the Civil Judge (Senior Division), Eluru, Eluru District, is transferred to the file of the Judge, Family Court, Guntur, Guntur District. Further, on considering the submissions made by the learned counsel for the respondent that the respondent/husband herein is an employee and working in APEPDCL at Eluru, therefore, it is desirable to dispense with the personal appearance of the respondent/husband herein i.e., the petitioner in H.M.O.P.No.47 of 2025, on the file of the Civil Judge (Senior Division), Eluru, Eluru District, before the transferee Court, except on the days when his personal appearance is required before the said Court as per law. VGKR, J Tr.C.M.P.No.234 of 2025 Dated 21.11.2025 3 6. In the result, the Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.47 of 2025, on the file of the Civil Judge (Senior Division), Eluru, Eluru District, is hereby withdrawn and transferred to the file of the Judge, Family Court, Guntur District. The learned Civil Judge (Senior Division), Eluru, shall transmit the case record in H.M.O.P.No.47 of 2025, to the file of the Judge, Family Court, Guntur District, duly indexed as expeditiously as possible preferably within a period of one (01) week from the date of receipt of a copy of the order. The transferee Court i.e., learned Judge, Family Court, Guntur, is hereby directed not to insist for the personal appearance of the respondent herein i.e., the petitioner in H.M.O.P.No.47 of 2025, 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 Judge, Family Court, Guntur 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. _______________________________ JUSTICE V. GOPALA KRISHNA RAO Date: 21.11.2025 MH VGKR, J Tr.C.M.P.No.234 of 2025 Dated 21.11.2025 4 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO 27 TRANSFER CIVIL MISCELLANEOUS PETITION No.234 of 2025 Date: 21.11.2025 MH