APHC010027792025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI MONDAY. THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 18 OF 2025 Between: Smt Nimmala @ Manyam Deepika, W/o.Nimmala Murali, D/o.Mannem Srinivasa Rao, aged about 30 years, R/o.Telecom Nagar, Vatiuru Nagar, Vatiuru Panchayat, Pedapadu Mandal, Eluru District. ...Petitioner AND Nimmala Murali, S/o.Nimmala Venkaiah, aged about 36 years, R/o.D.No.2-7-14, Vinayaka Nagar, Alluru Village, Alluru Mandal, SPSR Nellore District-524315. ...Respondent 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.105 of 2024 on the file of Senior Civil Judge, Kovur at SPSR Nellore District and transfer the same to the Principal Senior Civil Judge Court, Eluru or any other competent Court at Eluru. lA NO: 1 OF 2025 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 grant stay of all further proceedings in H.M.O.P.No.105 of 2024 on the file of Senior Civil Judge, Kovur at SPSR Nellore District, pending disposal of the above Transfer Petition. Counsel for the Petitioner: Sri M.Siva Kumar Counsel for the Respondent: Sri Jayanti S C Sekhar The Court made the following: > THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.18 of 2025 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw H.M.O.P.No.105 of 2024, on the file of the Senior Civil Judge, Kovvur at SPSR Nellore District and transfer the same to the Principal Senior Civil Judge Court, Eluru. 2. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Nellore District on 26,06.2018, as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife along a female child is staying at Hyderabad and is working as a private employee. The petitioner pleaded that she had lodged a complaint before the Disha Women Police Station, Eluru under Sections 498-A, 506 r/w 34 IPC and under Sections 3 & 4 of the Dowry Prohibition Act and the same is numbered as C.C.No.448 of 2024, on the file of the Principal Junior Civil Judge- Cum-Judicial First Class Magistrate at Eluru, the same is pending for adjudication. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband had filed H.M.O.P.No.105 of 2024, on the file of the Senior Civil Judge, 2 Kovvur at SPSR Nellore Marriage Act, 1955 Learned being a woman working as an of more than 450Kms District, under Section seeking for dissolution of 13(1)(ia) of the Hindu marriage, contended that the II. counsel for the petitioner further and having a female petitioner child is staying at Hyderabad very difficult for her to travel and employee, it is at a distance for attending the Senior Civil Judge, Kovvur from Hyderabad to Nellore case proceedings before the learned at SPSR Nellore District. on each and male support and that she every date of adjournment without any present petition to withdraw H.M.O.P.No. was constrained to file the against the respondent/husband seeking 105 of 2024, on the file of the Senior Civil District and transfer the Judge, same to the Principal Senior Civil Kovvur at SPSR Nellore Judge Court, Eluru. 3. Learned counsel for the respondent would contend that there are no grounds to allow the transfer from Senior Civil Senior Civil Judge Court, present transfer civil mi petitioner is petition filed by the petitioner Judge, Kovvur at SPSR seeking transfer Nellore District to the Principal Eluru and requested this Court to dismiss miscellaneous petition. He further the contended that the as an employee, if District to respondent/husband may be dispensed currently staying at Hyderabad this Court is inclined to transfer the Eluru, the and is working case from Kovvur, SPSR Nellore personal attendance of the ,/ 3 with before the transferee Court. Learned counsel for the petitioner also conceded the submission made by the learned counsel for the respondent. / 4. Heard Sri M.Siva Kumar, learned counsel for the petitioner and Sri Jayanti S.C.Sekhar, learned counsel for the 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 parties, the petitioner/wife along with a female child are staying at Hyderabad and is working as a private employee and she had filed a Criminal Case against the respondent/husband and after completion of Investigating the Investigating officer had filed a Charge Sheet vide C.C.No.448 of 2024, on the file of the Principal Junior Civil Judge-Cum- Judicial First Class Magistrate at Eluru and the same is pending for adjudication. The respondent/husband has filed H.M.O.P.No.105 of 2024, on the file of the Senior Civil Judge, Kovvur at SPSR Nellore District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of 5. marriage. 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.” ^ (2000) 10 see 304 4 7. The Apex Court i Karthik Sha^ held as follows; in a case of N.C.V.Aishwarya Vs A.S.Saravana 9. The cardinal principle for Code of Civil Procedure i. of the suit, appeal Courts are called upor, to consider the plea of transfer, take into consideration the exercise of power under Section 24 of the IS that the ends ofjustice should demand or other proceeding. In matrimonial the transfer matters, wherever the Courts have to economic soundness of both the parties, the their behavioural pattern, their standard of life prior marnage and subsequent thereto and the ci, parties in eking out their livelihood and social strata of the spouses and to the circumstances of both the under whose protective umbrella they are seeking their sustenance to life, paradigm in the Indian Given the prevailing socio- economic the wife’s convenience which ust be looked at while considering transfer. 8. On considering the appearing for both sides and i case laws that in matrimonial be considered than that of the i submissions made by the learned counsel view of the ratio laid down in the aforesaid in proceedings, the convenience of the wife has to inconvenience of the husband. Therefore, this Court is of the considered view that there are grounds to consider the request H.M.O.P.No.105 of 2024, on the file of the of the petitioner/wife to withdraw Senior Civil Judge, Kovvur at SPSR the Judge, Family Court, Eluru. Further, Nellore District and transfer the same to on considering the submissions made respondent, the personal attendance of with before the transferee Court, presence is required before the learned Judge, by the learned counsel for the respondent/husband has been dispensed except on the days when his Family Co^;^iuru. 2022 LIveLaw (SC) 627 the \ \ 5 In the result, the present petition is allowed and H.M.O.P.No.105 of 2024, on the file of the Senior Civil Judge, Kovvur at SPSR Nellore District, is hereby withdrawn and transferred to the Judge, Family Court, Eluru. The Senior Civil Judge, Kovvur at SPSR Nellore District, shall transmit the case record in H.M.O.P.No.105 of 2024 to the Judge, Family Court, Eluru, 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. Both the parties are directed to appear before the learned Judge, Family Court, Eluru on 20.08.2025, at 10.30 a.m. Later the learned Judge, Family Court, Eluru, is 9. of the directed not to insist for the personal appearance respondent/husband i.e., the petitioner in FI.M.O.P.No.105 of 2024, 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, Eluru. 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/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To, 1. The Judge, Family Court, Eluru, West Godavari District. 2. The Civil Judge (Senior Division), Kovur, SPSR Nellore District. 3. Smt Nimmala @ Manyam Deepika, W/o.Nimmala Murali, D/o.Mannem Srinivasa Rao, R/o.Telecom Nagar, Vatiuru Nagar, Vatiuru Panchayat, Pedapadu Mandal, Eluru District. 4. Nimmala Murali, S/o.Nimmala Venkaiah, R/o.D.No.2-7-14, Vinayaka Nagar, Alluru Village, Alluru Mandal, SPSR Nellore District-524315. 5. One CC to Sri M.Siva Kumar, Advocate [OPUC] 6. One CC to Sri Jayanti S C Sekhar, Advocate [OPUC] 7. Two CD Copies BSV vna HIGH COURT \ DATED:28/07/2025 ORDER TRCMP NO. 18 OF 2025 1A AUG 2025 ^ ^•'^Seais o Co ALLOWING THE TR.CMP WITHOUT COSTS