APHC010412902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] FRIDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 260/2025 Between: 1. GALI PRAMEELA RANI, W/O. GALI PRASANNA KUMAR, D/O KOMARABATHINI SUDHAKAR, AGED ABOUT 35 YEARS CASTE BY MALA, R/O D NO. 1-127, RUDRAVARAM VILLAGE, MACHILIPATNAM MANDAL, KRISHNA DISTRICT, AP. ...PETITIONER AND 1. GALI PRASANNA KUMAR, S/o. Prakasarao, Aged about 42 years, Caste by Mala, R/o. 2-167, Near Railway Station, Bhattiprolu Mandal, Bapatia District, AP ...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 pleased to transfer the D.O.P No.224 of 2025 on the file of the XI Additional District and Sessions Judge Court, Tenali, Guntur District, to the concerned District and Sessions Court in Machilipatnam, Krishna District, in the interest of justice and to 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 of all further proceedings in DOP No. 224 of 2025 on the file of the XI Additional District & Sessions Judge Court, Tenali, Guntur District, including personal appearance of the petitioner, pending disposal of the main Transfer C.M.P., in the interest of justice and to pass Counsel for the Petitioner: 1. AKULA VAMSI KRISHNA Counsel for the Respondent: 1. The Court made the following: ORDER: Today, when the matter was taken up for hearing, learned counsel for the petitioner submitted that, as per the Registry endorsement, notice was sent to the respondent and the same was served. Despite service of notice, there is no representation on behalf of the 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 D.O.P.No.224 of 2025 on the file of the XI Additional District & Sessions Judge Court at Tenali, Guntur District, to the concerned District & Sessions Judge Court in Machilipatnam, 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 performed on 27.08.2007, in the presence of both side elders and well wishers at Gadelli Kalyana Mandapam, Machilipatnam, as per the Christian Rites and Caste Customs. Later, due to the matrimonial disputes between both the spouses; the petitioner/wife has been residing separately along with her child and depending upon the mercy of her parents at Rudravaram Village, Machilipatnam Mandal, Krishna District. II. The petitioner/wife further pleaded that in view of the harassment made by the respondent/husband, she lodged a complaint against the respondent/husband and his family members on 06.11.2023, which was registered as F.I.R.No.72 of 2023, for the offences punishable under Section 498-A I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before Disha Police Station, Machilipatnam, after completion of investigation, the same was numbered as C.C.No.1396 of 2024 on the file of the Special Judicial Magistrate of First Class-cum-Trying for Prohibition & Excise Offences Court at Machilipatnam, Krishna District and also filed a Maintenance Case vide M.C.No.16 of 2024 on the file of the Special Mobile Judicial Magistrate of First Class, Machilipatnam, under Section 125 of Cr.P.C., seeking maintenance from the respondent/husband and the aforesaid cases are pending for adjudication before the competent Courts at Machilipatnam, Krishna District. III. Learned counsel for the petitioner would further contend that with a view to cause inconvenience to the petitioner/wife, the respondent/husband herein had filed D.O.P.No.224 of 2025 on the file of the XI Additional District & Sessions Judge Court at Tenali, Guntur District, under Section 10(1)(i)(IX)(x) of the Indian Divorce Act, 1869, seeking for dissolution of the and the same is also pending for adjudication. IV. Learned counsel for the petitioner would further contend that the petitioner being a woman, has been residing separately along with her child and depending upon the mercy of her parents at Rudravaram Village, Machilipatnam Mandal, Krishna District, 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 Tenali, without any male assistance and that she was constrained to file the present petition against the respondent/husband, seeking transfer of D.O.P.No.224 of 2025 on the file of the XI Additional District & Sessions Judge Court at Tenali, Guntur District, to the concerned District & Sessions Judge Court in Machilipatnam, Krishna District. 4. Heard Sri Akula Vamshi Krishna, learned counsel for the petitioner. 5. Though registered notice sent to the respondent and the same was served on him, none appeared for the respondent. Therefore, „service 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, the petitioner/wife has been residing separately along with her child, at her parents‟ house in Rudravaram Village, Machilipatnam Mandal, Krishna District and she has instituted two (02) cases against the respondent/husband herein vide C.C.No.1396 of 2024 on the file of the Special Judicial Magistrate of First Class-cum-Trying for Prohibition & Excise Offences Court at Machilipatnam, Krishna District and Maintenance Case vide M.C.No.16 of 2024, Special Mobile Judicial Magistrate of First Class, Machilipatnam and the aforesaid cases are pending for adjudication before the competent Courts at Machilipatnam, Krishna District. The material on record further discloses that the respondent/husband had filed D.O.P.No.224 of 2025 on the file of the XI Additional District & Sessions Judge Court at Tenali, Guntur District, under Section 10(1)(i)(IX)(x) of the Indian Divorce Act, 1869, seeking for dissolution of 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: 1(2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 “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.” 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 transfer of D.O.P.No.224 of 2025 on the file of the XI Additional District & Sessions Judge Court at Tenali, Guntur District, to the District & Sessions Judge Court in Machilipatnam, Krishna District. 11. In the result, the present Transfer Civil Miscellaneous Petition is allowed and the D.O.P.No.224 of 2025 on the file of the XI Additional District & Sessions Judge Court at Tenali, Guntur District, is hereby withdrawn and transferred to the District & Sessions Judge Court in Machilipatnam, Krishna District. The learned XI Additional District & Sessions Judge Court at Tenali, Guntur District, shall transmit the case record in D.O.P.No.224 of 2025 to the file of the District & Sessions Judge Court in Machilipatnam, 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: 10.10.2025 CVD