APHC010430092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] WEDNESDAY,THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 291/2025 Between: 1. RAMASETTY (NALLALA) DHANA LAKSHMI,, AGED 25 YEARS, W/O NALLALA SIVA, D/O SUBBARAO, R/O D. NO. 20/32, KOTAVARI STREET, KARMIKANAGRAM, GUDIVADA, KRISHNA DISTRICT. (PRESENT ADDRESS) R/O. FLAT NO. S-1, BLOCK NO.C-139, 100 FEET ROAD, TIDCO COLONY, BOMMULURU GUDIVADA, KRISHNA DISTRICT. ...PETITIONER AND 1. NALLALA SIVA, , aged 35 years, S/o Late Dorabbai, Occ- Private Employee, R/o D.No. 5-33, Nakkapalli, Anakapalli District. ...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 topleased to Transfer the H.M.O.P.No. 77 of 2024 on the file of Senior Civil Judge Court, Yelamanchili, Anakapalli District to the file of the Senior Civil Judge Court, Gudivada and pass IA NO: 1 OF 2025 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 pleased to stay all further proceedings in H.M.O.P.No. 77 of 2024 on the file of Senior Civil Judge Court, Yelamanchili, Anakapalli District during the pendency of the abbve transfer Civil Miscellaneous Petition and pass Counsel for the Petitioner: 1. VENUGOPLA RAO VEERLA Counsel for the Respondent: 1. THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.291 of 2025 ORDER: Today, when the matter was taken up for hearing, learned counsel for the petitioner has submitted that, proof of service Memo has been filed before the Registry on 13.10.2025 vide U.S.R.No.116108 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 notice sent to the respondent and the same was served on 30.09.2025. Despite service of notice, 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.77 of 2024 on the file of the Senior Civil Judge, Yelamanchili, Visakhapatnam District, to the Court of Senior Civil Judge, Gudivada, Krishna 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 18.10.2018, in the presence of both side elders and well wishers, at Sri Sri Veera Venkata Satyanarayana Swamy Vari Temple, Annavaram, East Godavari District, as per the Hindu Rites and Caste Customs. During their wedlock, the petitioner/wife and the respondent/husband were blessed with a child and later, due to the matrimonial disputes between the spouses; the petitioner/wife has been residing separately along with her daughter and depending upon the mercy of her parents at Gudivada. The petitioner/wife further pleaded that in view of the harassment made by the respondent/husband, she lodged a complaint against the respondent and his family members dated 19.12.2022, which was registered as F.I.R. No.275 of 2022, for the offence punishable under Section 498-A I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the I Town Police Station, Gudiavada, after completion of investigation, Police filed a charge sheet and the same was numbered as C.C.No.143 of 2023 on the file of the Additional Judicial Magistrate of First Class, Gudivada and she has filed two (2) other cases against the respondent/husband viz., Maintenance Case vide M.C.No.13 of 2023 on the file of the Additional Judicial Magistrate of First Class, Gudivada, under Section 125(1) of Cr.P.C. seeking maintenance and Domestic Violence Case vide D.V.C.No.9 of 2025 on the file of the Additional Judicial Magistrate of First Class, Gudivada, all the aforesaid cases are 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 petition vide H.M.O.P.No.77 of 2024 on the file of the Senior Civil Judge, Yelamanchili, Visakhapatnam 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 along with daughter and depending upon the mercy of her parents at Gudivada, the distance between Gudivada and Yelamanchili is more than 300Kms and 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 Yelamanchili 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.77 of 2024 on the file of the Senior Civil Judge, Yelamanchili, Visakhapatnam District, to the Court of Senior Civil Judge, Gudivada, Krishna District, for trial and disposal of the same. 4. Heard Mr. Veerla Venugopala Rao, learned counsel for the petitioner. 5. Though notice has 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 along with her daughter in her parents’ house at Gudivada. She has instituted three (3) cases against the respondent/husband i.e., C.C.No.143 of 2023, Maintenance Case vide M.C.No.13 of 2023 & Domestic Violence Case vide D.V.C.No.9 of 2025, on the file of the Additional Judicial Magistrate of First Class, Gudivada, the aforesaid cases are pending for adjudication and the respondent/husband is also attending the case proceedings before the competent Courts at Gudivada. The material on record further discloses that the respondent/husband herein also filed a case against the petitioner/wife vide H.M.O.P.No.77 of 2024 on the file of the Senior Civil Judge, Yelamanchili, Visakhapatnam 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 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 1(2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 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.77 of 2024 on the file of the Senior Civil Judge, Yelamanchili, Visakhapatnam District, to the Court of Senior Civil Judge, Gudivada, Krishna District. 11. In the result, the present Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.77 of 2024 on the file of the Senior Civil Judge, Yelamanchili, Visakhapatnam District, is hereby withdrawn and transferred to the Court of Senior Civil Judge, Gudivada, Krishna District. The learned Senior Civil Judge, Yelamanchili, Visakhapatnam District, shall transmit the case record in H.M.O.P.No.77 of 2024, to the Court of Senior Civil Judge, Gudivada, Krishna 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: 12.11.2025 CVD