APHC010570382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 349/2025 Between: 1. SIDDHABATHULA JHANSI @ BADILANKA JHANSI, W/O SIDDHABATHULA NAGENDRA KUMAR, AGED 30 YEARS, D/O BADILANKA NAGESWARA RAO, R/O EDARADA VILLAGE, MAMDIKUDURU MANDAL, DR. B.R.AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER AND 1. SIDDHABATHULA NAGENDRA KUMAR, S/o Jogeswara Rao, aged 36 years, R/o D.No. 4/111 Chinnapuram, Machilipatnam, Machilipatnam Mandal, Krishna 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 to order withdraw H.M.O.P. No.149/2025 on the file of the Hon'ble Principal Civil Judge (Senior Division), Machilipatnam and transfer to the Senior Civil Judge Court, Razole 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 to stay all further proceedings in H.M.O.P.No.149/2025 on the file of the Hon’ble Principal Civil Judge (Senior Division), Machilipatnam and pass Counsel for the Petitioner: 1. PONNADA SREE VYAS Counsel for the Respondent: 1. THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.349 of 2025 ORDER: Today, when the matter has been taken up for hearing, learned counsel for the petitioner has submitted that, proof of service Memo has been filed before the Registry on 14.11.2025 vide U.S.R.No.131213 of 2025, along with the Postal Acknowledgment Sheet and the same has been placed on record. As per the Postal Acknowledgment Sheet, the registered notice sent to the respondent and the same was served. 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 for withdrawal of H.M.O.P.No.149 of 2025 on the file of the Principal Senior Civil Judge, Machilipatnam, Krishna District and transfer the same to the Court of Senior Civil Judge, Razole, Dr. B.R. Ambedkar Konaseema 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 15.05.2010, in the presence of both side elders and well wishers at Chinnapuram Village, as per the Hindu Rites and Caste Customs. During their wedlock, the petitioner and the respondent were blessed with two (2) children. After that, due to the matrimonial disputes between the spouses; the petitioner/wife has been residing separately along with her two (2) children aged about 14 & 10 years respectively and depending upon the mercy of her parents at Edarada Village, Dr. B.R. Ambedkar Konaseema District. The petitioner/wife further pleaded that she has filed a Maintenance Case vide M.C.(SR)No.3832 of 2025 on the file of the Additional Judicial Magistrate of First Class, Razole under Section 144 of B.N.S. Act, 2023, seeking maintenance for herself and for her children, 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.149 of 2025 on the file of the Principal Senior Civil Judge, Machilipatnam, Krishna 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 her two children and depending upon the mercy of her parents at Edarada Village, Dr. B.R. Ambedkar Konaseema District, the distance between Edarada Village and Machilipatnam is approximately 130Kms and it is very difficult for her to travel to attend the divorce case proceedings which was filed by the respondent/husband herein before the Court at Machilipatnam without any male assistance and that she was constrained to file the present petition against the respondent/husband herein, seeking for withdrawal of H.M.O.P.No.149 of 2025 on the file of the Principal Senior Civil Judge, Machilipatnam, Krishna District and transfer the same to the Court of Senior Civil Judge, Razole, Dr. B.R. Ambedkar Konaseema District, for trial and disposal of the same. 4. Heard Mr. Ponnada Sree Vyas, learned counsel for the petitioner. 5. Though notice has been served, there is no representation on behalf of the respondent. Therefore, ‘service is held sufficient’. 6. Perused the material available on record. 7. The material on record prima facie shows that, in view of the matrimonial disputes between the spouses, the petitioner/wife has been residing separately along with her children at her parents’ house in Edarada Village. She has instituted a Maintenance Case vide M.C.(SR)No.3832 of 2025 on the file of the Additional Judicial Magistrate of First Class, Razole under Section 144 of B.N.S.S. Act, 2023, seeking maintenance for herself and for her children, the same is pending for adjudication. 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.149 of 2025 on the file of the Principal Senior Civil Judge, Machilipatnam, Krishna 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 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.” 1(2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 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 of the husband. Therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, seeking for withdrawal of H.M.O.P.No.149 of 2025 on the file of the Principal Senior Civil Judge, Machilipatnam, Krishna District and transfer the same to the Court of Senior Civil Judge, Razole, Dr. B.R. Ambedkar Konaseema District. 11. In the result, the present Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.149 of 2025 on the file of the Principal Senior Civil Judge, Machilipatnam, Krishna District, is hereby withdrawn and transferred to the Court of Senior Civil Judge, Razole, Dr. B.R. Ambedkar Konaseema District. The learned Principal Senior Civil Judge, Machilipatnam, Krishna District, shall transmit the case record in H.M.O.P.No.149 of 2025, to the Court of Senior Civil Judge, Razole, Dr. B.R. Ambedkar Konaseema 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: 08.12.2025 CVD