APHCO10040282025 HT!lEl lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 48 OF 2025 Between= Gorikapudi Sai Supraja @ Billagandla Sai Supraja, W/o Gorikapudi Prabhu Kishore, Age 29 Years, Occ Employee, R/o 2-90-2, KM Colony, Anantapur, Anantapuf District ...petitioner/Petitioner/Respondent AND Gorukapudi Prabhu Kishore, s/o Late Raja Rao, Aged 33 Years, Occ Employee, R/o 8-6-10, Balaji Rao Pet, Tenali, Guntur District .HRespondent/Respondent/Petitioner 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 tO withdraw the DOP.No.1463 of 2024 on the file of Hon'ble XI Additional District Judge, Tenali and transfer the same to the Court of Hon'ble Distr-lot Judge, Anantapur. lANO: 1 OF2025 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 tO stay all further proceedings in DOP.No.1463 of 2024 on the file of Hon'ble XI Additional District Judge, Tenali. counsel for the Petitioner: SRI N CHANDRA SEKHAR REDDY cb+dnsel for the Respondent: SRI SATYANARAYANA NIIVIMALA The' Court made the following Order: I- '`..~ _`\ THE HONJBLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.48 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.I) seeking for withdrawal ofD.O.P.No.1463of 2024 on the file of the XI Additional District Judge, Tenali andtransfer the same to the District Judge, Ananthapur, for trial. 2. The case of the petitioner in brief is asfoIIows: The petitioner is the legally wedded wife of the respondent/husband and the marriage of the petitioner with the respondent wassc,lemnized on 25.08.2022, at Chavas Function Hall, Tenali, Guntur District as per the Christian Rites and Customs.After that, due to the matriinonial disputes between both the spouses, the petitioner/wifehas been residingseparatelyat her parents' house and depending upon the mercy of her parents at Ananthapur. The petitioner/wife further pleaded that to causeinconvenience and to harass her, the respondent/husband had filed D.O.P.No.1463 of 2024 on the file of the XI Additional District Judge, Tenali,Guntur District, under '\-\ `- .`-- VGK.\ .i 2 Tr c MDaPteNdo1448oo7f 22oO22; sectIOn 10" of the lndJan DJVOrce Act, seeklng for a,sso'u{lon of the marriage and the same ,s pend,ng for adjudJCat,'on. Te:yea:eht:lropnaerr:wn'tfs: fhu::®e^r _p:e^aded that she belng a woma"esldlng jParate'yat her DarenteJ h^l,-- Ill. __Jut, a woman, resI'dl|nc separate'yat her parentsJ house at Ananthapur, ,t ,s very a,fflcu't for her to | travel a{ a d,stance ofmore than 500 Kms from Ananthapur {o Tenall to attend the dlvorce case proceed,ngs on each and every adjournment w,thout any male ass,stance and that she was constralned to fJle the present petJtJOn seekJng for wJthdrawa' of D O P No 1463 of 2024 on the fl'e of the x' AddJt,ona' D,str,ct Judge, Tena'f and transfer the same to the DJStr,ct Judge, Ananthapur. 3 The respondentcounter-aft,day,I has been flled before the RegIStry Leesapr:::ecnouuhnusse::onr:ee :^s:_a n a enuh u sba nd ;a u l':-:uu riuheeTrO:eo nttheendRtehgaltS::e r>easspe::fd{ehneu::essbe:nn+d,:s.^wo_r:ln: as a veterlnary S ur::::I a-tu::enna:I lthaantd{hI€n CIV:I::::fe{hmeuPcrhesd:ffnlt:::ae^ I_a: :e ira n Sferred fr: m Tea::I"too :: i nn{a:: paun: :re w,l' face much dJfflcultles to attend the court proceed,ngs before the court at Ananthapur. 45 Hp::ur:::at:nee:actoeur:a:e:vaa:lpaeb::lnogn :encbo::h sldes on record 6,etltlo:::/wI:eathear:a:aOan_ _:e_c:rd pnma facle goes to show that, the petlt,oner/wife has been resJd,ng at Ananthapur Furthermore, the materla[ .rr =TL- -i:::=`-i===:=-S=f=:fg-~=-_ VGKR, J Tr.C.M.P.No.48 of 2025 Dated 14.07.2025 3 on record discloses that the respondent/husband has instituted D.O.P.No.1463 of 2024 on the file of the XI Additional District Judge, Tenali, under Section 10(1)(x) of the Indian Divorce Act, seeking for dissolution of the marriage and the same Its Pending for adjudiCa{iOn. It is also not at all dispute that the distance between Ananthapur and Tenali is more than 400 Kms. 7.' The Apex Court -ln a case of GEETA HEERA Vs HARISH CHAIVDER HEERA1, held by considering the fact that {{if a wife does not have sufficient funds to vi.sit 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 rv.a.V. A/SHVl(ARyA VS A,S. SARAVArvA /(AR7lH/K SHA2, held as follows: l'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 matrimon-Ial matters, Wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soLIndneSS 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 1(2000) 10 SCC 304 2022 LiveLaw (SC) 627 QIT- <--~ GZzZ2ZZZz2ZZ2 VGKR` Tr.C.M.P.No.48 of 202\o Dated 14.O7.2025 4 the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the p.:e:aili:_g socio-economic paradigm in the Indian society, generally, it is the wife7s convenience which must be looked at w;le considering transfer." 9. On consjderl'ng the submI'SSiOnS made by the learned counsel appearing for both sI'deS and I'n View Of the ratio laid down by the aforesaid case laws and on considering the facts and circumstances of the casethat in matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience of the hLiSband and petitioner/wI-fe has been staying separately at Ananthapur and jt js very difficult for her to travel from Ananthapur to Tenali which Its Situated at a distance of more than 400 kms, therefore, I am of the considered view that there are J-uStl'fI'able grounds {o cons['der the request made by the petitioner/wife,seekI|ng for Withdrawal of D.O.P.No.1463 of 2024 on the file of the xl AddI-tjOnal District Judge, Tenali andtransfer the same to the principal DI'StrjCt Judge, Ananthapur. Further, on consI'der[-ng the submjssI-OnS made by the learned counsel for the respondent that the respondent/husband I-S a Veterinary surgeon and js currently working at TenalI| and therefore, jt I-s desirable to dispense with the personal \appearance of the respondent/husband herein i.e., the petjtioneFulln i` E= i RELEE |^.-\ =* VGKR, J Tr.C.M.P.No.48 of 2025 Dated 14.07.2025 5 D.O.P.No.1463 of 2024 on the file of the XI Additional District Judge, Tenali, before the transferee Court, except on the days when his personal appearance is required before the said Court as per law. 10. ln the result, the Transfer Civil Miscellaneous Petition is allowed and D.O.P.No.1463 of 2024 on the file of the XI Additional District Judge, Tenali, Guntur District, is hereby withdrawn and transferred to theprincipal District Judge, Ananthapur. The learned XI Additional District Judge, Tenali, Guntur District, shall transmit the case record in D.O.P.No.1463 of 2024, to the Principal District Judge, Ananthapur, 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 Principal District Judge, Ananthapur, on 18.08.2025, at 10.30 a.m. Later the learned Principal District Judge, Ananthapur, is hereby directed not to insist for the personal appearance of the respondent herein i.e., the petitionerinD.O.P.No.1463 of 2024, as long as his counsel is attending the Court proceedings and representing the case except on the day when re-concl'Iiation proceedings are being taken up or on the day when hI'SCrOSS-examination iS requI'red tO be recorded Or On any Other day when his personal appearance is required as directed by the learned Principal District Judge, Ananthapur. There shall be no order as to costs. .' VGKR, \ Tr.C.M.P.No.48 of 202+`s Dated 14.07.2025 As a sequel, mlscel'aneous pet,tIOnS, If any pendlng and the ln{erlm order granted earII'er, jf any, sha" stand closed Sd/-A VIJAYA BABU ASSISTANT //TRUE COPY// R# SECTION OFFICER To, 1. The DistrI-Ct JudgeJ Ananthapur. 2. The XI Additional DI'StriCt Judge, Tenali. 3. GorikapudI- Sai Supraja @ Billagandla Sai Supraja, w/o GorI'kaPudi prabhu Kishore, Age 29 Years, Occ Employee, R/o 2-90-2, KM Colony, Anantapur, Anantapuf District 4. Gorukapudi prabhu Kjshore, s/o Late Raja Rao, Aged 33 Years, Occ Employee, R/o 8-6-10, Balaji Rao Pet, Tenali, Guntur Dl-strI-Ct 5. One CC to Sri N Chandra Sekhar Reddy, Advocate [opuc] 6. One CC to Sri Satyanarayana Nimmala, Advocate [opuc] 7. Two CD Copies Vaur crf- I. I r:_.r + `.+ ; `.r'r i +I,- ' € \ `\ -~ |' \,\ •>+ `.. .'` -_-.. .-. . I.i: `J.: i.` •`+'o. /..+ •`` ``,`I HIGH COURT DATED..14/07/2025 ORDER TRCMP NO. 48 ©F 2025 ALLOWING THE TRCMP /