APHC010135602024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] FRIDAY,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 78/2024 Between: 1. NEMALA SIRISHA, NEMALA SIRISHA W/O PRASADU KONDA, 28 YRS R/O D.NO 6-17, NEAR SIVALAYAM VEMAGIRI VILLAGE KADIAM MANDAL EAST GODAVARI DISTRICT ...PETITIONER AND 1. NAMALA PRASADU KONDA, S/o Kotilingeswara rao, 33 yrs D.No C 4- 17, Near ramalayam Gundepalli @ Chodavaram east Nallacharla mandal West Godavari District Presently At Innovare Labs Pvt Ltd R and D Department Plot No 65, Road No 5, ALEAP Industrial Area Prasanthi Nagar ,Hyderabad ...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 tomay be pleased to transfer the H.M.O.P. No 6 of 2022 on the file of the Senior Civil judges court, Tadepalligudem, West Godavari District may be transferred to Senior Civii Judge Court, Rajamahendravaram, East Godavari District and pass such IA 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 may be pleased to grant stay of all further proceedings in the H.M.O.P. No 6 of 2022 on the file of the Senior Civil judges court, Tadepalligudem, West Godavari District and pass such Counsel for the Petitioner: 1. T V S PRABHAKARA RAO Counsel for the Respondent: 1. THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.78 of 2024 ORDER: Today, when the matter was taken up for hearing, learned counsel for the petitioner has submitted that, proof of service Memo has been field before the Registry on 14.10.2025 vide U.S.R.No.117086 of 2025, along with the Postal Track Consignment Sheet downloaded from the Postal Department Website and the same has been placed on record. As per the Postal Track Consignment Sheet, the registered notices were sent to the respondent as well as learned counsel on record appearing for the respondent before the trial Court and the same were served on 15.09.2025 and 19.09.2025 respectively. Despite service of notices, there is no representation on behalf of respondent. Therefore, „service held sufficient‟. 2. 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.6 of 2022 on the file of the Senior Civil Judge, Tadepalligudem, West Godavari District, to the Court of Senior Civil Judge, Rajamahendravaram, East Godavari District, for trial and disposal of the same. 3. The case of the petitioner in brief is as follows: I. The petitioner is legally wedded wife of the respondent/husband and their marriage was solemnized on 04.12.2015, in the presence of both side elders and well wishers, at Vemagiri Village, Kadiam Mandal, East Godavari District, as per the Hindu Rites and Caste Customs. After that, due to the matrimonial disputes between the spouses; the petitioner/wife has been residing separately and depending upon the mercy of her parents at Vemagiri Village, Kadiam Mandal, East Godavari District. The petitioner/wife further pleaded that she filed a Maintenance Case against the respondent/husband vide M.C.No.12 of 2022 on the file of the IV Additional Junior Civil Judge, Rajamahendravaram, East Godavari District, under Section 125 of Cr.P.C., seeking maintenance from the respondent/husband, the same is pending for adjudication. II. Learned counsel for the petitioner would further contend that with a view to cause inconvenience and to harass the petitioner/wife, the respondent/husband herein filed a divorce petition vide H.M.O.P.No.6 of 2022 on the file of the Senior Civil Judge, Tadepalligudem, West Godavari District, under Section 13(1)(ia) 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 further contend that the petitioner being a woman, has been residing separately and depending upon the mercy of her parents at Vemagiri Village, Kadiam Mandal, East Godavari District, it is very difficult for the petitioner/wife to travel to attend the divorce case proceedings which was filed by the respondent/husband before the Court at Tadepalligudem without any male assistance and that she was constrained to file the present petition against the respondent/husband, seeking transfer of H.M.O.P.No.6 of 2022 on the file of the Senior Civil Judge, Tadepalligudem, West Godavari District, to the Court of Senior Civil Judge, Rajamahendravaram, East Godavari District, for trial and disposal of the same. 4. Heard Mr. T.V.S. Prabhakar Rao, learned counsel for the petitioner. 5. The registered notices were sent to the respondent as well as learned counsel on record appearing for the respondent before the trial Court and the same were served on them on 15.09.2025 and 19.09.2025 respectively. Though notices have been served, there is no representation on behalf of respondent. Therefore, „service is held sufficient‟. 6. Perused the material available on record. 7. The material on record prima facie goes to shows that, in view of the matrimonial disputes between the spouses, the petitioner/wife has been residing separately in her parents‟ house at Vemagiri Village, Kadiam Mandal, East Godavari District and she has instituted a Maintenance Case vide M.C.No.12 of 2022 on the file of the IV Additional Junior Civil Judge, Rajamahendravaram, East Godavari District, under Section 125 of Cr.P.C., seeking maintenance from the respondent/husband and the same is pending for adjudication against the respondent/husband. The material on record further discloses that the respondent/husband herein filed a divorce petition against the petitioner/wife vide H.M.O.P.No.6 of 2022 on the file of the Senior Civil Judge, Tadepalligudem, West Godavari District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. 8. The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER HEERA1, 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.” 9. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha2 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 1(2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 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.” 10. 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 inconvenience caused to the husband. Therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, seeking transfer of H.M.O.P.No.6 of 2022 on the file of the Senior Civil Judge, Tadepalligudem, West Godavari District, to the file of the Judge, Family Court, Rajamahendravram, East Godavari District. 11. In the result, the present Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.6 of 2022 on the file of the Senior Civil Judge, Tadepalligudem, West Godavari District, is hereby withdrawn and transferred to the file of the Judge, Family Court, Rajamahendravram, East Godavari District. The learned Senior Civil Judge, Tadepalligudem, West Godavari District, shall transmit the case record in H.M.O.P.No.6 of 2022, to the file of the Judge, Family Court, Rajamahendravram, East 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 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. _______________________________ JUSTICE V. GOPALA KRISHNA RAO Date: 31.10.2025 CVD