m APHC010423542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY NINETH DAY OF OCTO TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO JRANS. CIVIL MISC.PETITION NO: 267 OF 2025 Between: Chennareddy @ Kuruguntia Anusha, W/o Kuruguntia Venkata Krishna Reddy, Aged about 25 years, R/o 4-3, Pappula Street, SRK Homes, Stone house pet, Nellore, SPSR Nellore District Andhra Pradesh- 524002, Cell: 8688144985. ...Petitioner/Respondent AND Kuruguntia Venkata Krishna Reddy, S/o Venkateswarlu, Aged about 30 years. Business, R/o 1-230, Chimakurthy Mandal, Prakasam District, Andhra Pradesh - Cell: 9000388374. Padamati Nayudupalem Village, 523226, ...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 H.M.O.P.No.22 of 2025 on the file of the Additional Senior Civil Judge, Ongole and transfer the same to the I Additional Senior Civil Judge, Nellore, for trial and disposal in accordance with law. i lA 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 of all further proceedings in H.IVI.O.P.No.22 of 2025 on the file of the Additional Senior Civil Judge, Ongole pending disposal of the petition. Counsel for the Petitioner: Sri Medara Siva Prasad Counsel for the Respondent: None Appeared The Court made the following order: THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.267 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 field before the Registry on 15.10.2025 vide U.S.R.No.118316 of 2025, along with the Postal Track Consignment Sheet downloaded from the Postal Department Website and the same is placed on the record. As per the Postal Track Consignment Sheet, the registered notice sent to the respondent and the same was served on him on 10.10.2025. 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 for withdrawal of H.M.O.P.No.22 of 2025 on the file of the Additional Senior Civil Judge, Ongole, Prakasam District and transfer the same to the I Additional Senior Civil Judge, Nellore, S.P.S.R. Nellore District, for trial and disposal of the sarnie. 3. The case of the petitioner in brief is as follows: I. The petitioner is legally wedded wife of the rejspondent/husband and their marriage was solemnized on 21.08.2022, in the presence of both side elders and well 2 VGKR, J Tr.C.M.P.No.267 of 2025 Dated 29.10.2025 Wishers, as per the Hindu Rites their wedlock, the petitioner with a female child. After that, due between both the residing separately along with her and Caste Customs. During and the respondent were blessed to the matrimonial disputes spouses; the petitioner/wife has been daughter and depending S.P.S.R. Nellore that in view of the upon the mercy of her parents at Nellore, District. The petitioner further pleaded harassment made by the respondent/husband, petitioner/wife lodged a complaint dated 17.10.2024, respondent/husband the against the which was registered as F.I.R.No.290 of 2024, for Section 85 B.N.S. and Sections 3 & Act, 1961, before Nawabpet Police the offences punishable 4 of the Dowry Prohibition under Station, Nellore, after completion of investigation, Police filed a charge sheet and the same was numbered as C.C.No.99 of 2025 II Additional Judicial Magistrate S.P.S.R. Nellore District, the on the file of the of First Class, Nellore, same is pending for adjudication. Learned counsel for the petitioner would further contend -- inconvenience and to harass the respondent/husband herein had filed a of 2025 on the file of the that with a view to cause i petitioner/wife, the divorce petition vide H.M.O.P.No.22 3 VGKR, J Tr.C.M.P.No.267 of 2025 Dated 29.10.2025 Additional Senior Civil Judge, Ongole, Prakasam 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 daughter and depending upon the mercy of her parents at Nellore and the distance between Nellore and Ongole is more than lOOKms, it is very difficult for her to travel to attend the divorce case proceedings which was filed by the respondent/husband, before the Court at Ongole without any male assistance and that she was constrained to file the present petition against the respondent/husband. seeking for withdrawalof H.M.O.P.No.22of 2025 on the file of the Additional Senior Civil Judge, Ongole, Prakasam District and transfer the same to the I Additional Senior Civil Judge Nellore, S.P.S.R. Nellore District, for trial and disposal of the same. 4. Heard Mr. M. Siva Prasad, learned counsel for the petitioner. ■'V 4 VGKR, J Tr.C.M.P.No.267 of 2025 Dated 29.10.2025 5. Though registered notice served on him, none appeared for the sufficient’. sent to the respondent and the respondent. Therefore, 'service held same was 6. Perused the material available on record. 7. The material on record prima facie goes to shows that, i matrimonial disputes between the in view of the spouses, the petitioner/wife has been residing separately along with her daughter in her parents’ house at Nellore and she has instituted a criminal case against the respondent/husband C.C.No.99 of 2025 on the file of the II Additional i.e.. Judicial Magistrate of First Class, Nellore, S.P.S.R. Nellore District, the and the respondent/husband also attending the Court at Nellore. The same is pending for adjudication case proceedings before the material on record further reveals that the respondent/husband herein had filed petitioner/wife herein vide H.M.O.P.No.22 of 2025 a divorce petition against the on the file of the Additional Senior Civil Judge, Ongole, Prakasam 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. The Apex Court in a 8. case of GEETA HEERA Vs HARISH CHANDER HEERA', held by considering the fact that “if a wife does not have sufficient (2000) 10 5CC 304 5 VGKR, J Tr.C.M.P.No.267of2025 Dated 29.10.2025 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 Sha^ 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 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. ” O'n 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.22 are 10. ^ 2022 LiueLaw (SC) 627 6 VGKR, J Tr C M P.No.267 of 2025 Dated 29.10.2025 Of 2025 on the file of the Additional Senior Civil Judge, Ongole, Prakasam District and transfer the same to the Judge, Family Court at Nellore, S.P.S.R. Nellore District. 11. In the result, the present Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.22 of 2025 on the file of the Additional Senior Civil Judge, Ongole, Prakasam District, is hereby withdrawn and transferred to the Judge, Family Court at Nellore, S.P.S.R. Nellore District. The learned Additional Senior Civil Judge, Ongole, Prakasam District, shall transmit the case record in H.M.O.P.No.22 of 2025, to the Judge, Family Court at Nellore, S.P.S.R. Nellore 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. RAO deputy registrar section officer //true copy// To, 1. The Additional Civil Judge (Senior Division) 2. The Judge, Family Court, Nellore 3. Chennareddy @ Kuruguntia Anusha, Reddy, Aged about 25 Stone house pet, Nellore 524002, Cell; 8688144985. , Ongole, Prakasam District. SPSR Nellore District. W/o Kuruguntia Venkata Krishna years, R/o 4-3, Pappula Street, SRK Homes, SPSR Nellore District Andhra Pradesh- 49 4. Kuruguntia Venkata Krishna years, Chimakurthy Mandal, Prakasam Cell; 9000388374. 5. One CC to Sri Medara Siva 6. Two CD Copies Reddy, S/o Venkateswarlu, Aged about 30 1-230, Business, R/o Padamati Nayudupalem Village, District, Andhra Pradesh - 523226, Prasad Advocate [OPUC] SAM HIGH COURT DATED:29/10/2025 ORDER TRCMP No. 267 of 2025 fe- *( 3 0 OCT 2025 rTi| ijrrentSectioi allowing the Tr.C.M.P.