APHC010491552025 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: 315/2025 Between: 1. POOLA SOWMYA, W/O. PUSTELA RAJA RAVINDRA NATH, AGED 31 YEARS, D/O. ANAND VIDYA SAGAR. WO. 4/190, 2ND ROAD, ANANTHAPURAMU DISTRICT - 515 004. ...PETITIONER AND 1. PUSTELA RAJA RAVINDRA NATH, S/o. Pustela Elisha, aged 37 years, R/o. H.N0.45-24K25D4A, Ashok Nagar, Kumool City, Kurnool District - 518 005. ...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 Divorce Original Petition, being DOP No. 14 of 2025 from the Court of the Principal District Judge, Kurnool to the Court of the Hon‟ble Family Court, Ananthapuramu or any other competent Court at Ananthapuramu in the interest of justice and may 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 before the Court of the Principal District Judge, Kurnool in DOP No. 14 of 2025, pending disposal of the present Transfer Civil Miscellaneous Petition before this Hon‟ble Court and pass Counsel for the Petitioner: 1. VARUN BYREDDY Counsel for the Respondent: 1. GAJJALA MALLIKARJUNA REDDY The Court made the following: 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.‟) seeking transfer of D.O.P.No.14 of 2025, which is pending before the Principal District Judge, Kurnool, to the Judge, Family Court at Ananthapuramu or any other competent Court at Ananthapuramu, for trail and disposal of the same. 2. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent/husband and the marriage of the petitioner with the respondent was solemnized on 21.12.2020, at M.K.M. Function Hall, beside Reliance Office, Ananthapuramu, as per the Christian Rites and Customs. During their wedlock, the petitioner and the respondent were blessed with one male child. After that, in view of the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her male child aged about four (4) years at her parents‟ house and depending upon the mercy of her parents at Anathapuramu. The petitioner/wife pleaded that in view of the harassment made by the respondent/husband, she lodged a complaint against the respondent/husband which was registered as Crime No.187 of 2022, for the offence punishable under Section 498-A r/w 34 I.P.C. and under Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Disha Urban Police Station, Ananthapuramu, after completion of investigation, the same was numbered as C.C.No.79 of 2023 on the file of the I Additional Junior Civil Judge-cum-I Additional Judicial Magistrate of Fist Class, Ananthapuramu and the same is pending for adjudication. The petitioner/wife herein filed a Maintenance Case before the Judge, Family Court, Ananthapuramu and the same is pending for consideration. II. The petitioner/wife would further contend that with a view to cause inconvenience to the her, the respondent/husband herein had filed divorce petition i.e., vide D.O.P.No.14 of 2025, which is pending before the Principal District Judge, Kurnool, under Section 10(1)(x) of the Christian Marriage Act, seeking for dissolution of marriage and the same is also pending for adjudication. III. The petitioner/wife further pleaded that she being a woman, residing separately along with her child aged about four (4) years at her parents‟ house and depending upon the mercy of her parents at Ananthapuramu and the distance between the Ananthapuramu and Kurnool is more than 150 Kms, 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 Kurnool on each and every adjournment without any male assistance and that she was constrained to file the present petition seeking transfer of D.O.P.No.14 of 2025, which is pending before the Principal District Judge, Kurnool, to the Judge, Family Court at Ananthapuramu or any other competent Court at Ananthapuramu, for trail and disposal of the same. 3. Learned counsel for the respondent contended that the respondent/husband herein is a Government Employee at Kurnool and suffering with health ailments and there are no valid grounds to consider the request made by the petitioner/wife filed in the petition and the present Transfer Civil Miscellaneous Petition may be dismissed. He further submitted that if this Court is inclined to transfer the present case from Kurnool to Ananthapuramu, the personal appearance of the respondent/husband before the transferee Court at Ananthapuramu may be dispensed with. 4. Heard learned counsel appearing on both sides on record. 5. Perused the material available on record. 6. The material on record prima facie goes to show that, the petitioner/wife has been residing separately along with her child at her parents‟ house and depending upon the mercy of her parents at Anathapuramu and she lodged a complaint against the respondent/husband, which was registered as C.C.No.79 of 2023 on the file of the I Additional Junior Civil Judge-cum-I Additional Judicial Magistrate of Fist Class, Ananthapuramu, and the same is pending for adjudication. Furthermore, the material on record discloses that the respondent/husband has instituted a divorce petition i.e., vide D.O.P.No.14 of 2025, which is pending before the Principal District Judge, Kurnool, under Section 10(1)(x) of the Christian Marriage Act, seeking for dissolution of marriage and the same is also pending for adjudication. 7. 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.” 8. The Apex Court in a case of N.C.V. AISHWARYA VS A.S. SARAVANA KARTHIK SHA2, held as follows: “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 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.” 9. On considering the submissions made by the learned counsel appearing for both sides and in view of the ratio laid down by the aforesaid case laws and on considering the facts and circumstances of the case that in 1(2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience of the husband and petitioner/wife has been staying separately and depending upon the mercy of her parents along with her child at Ananthapuramu, and it is very difficult for her to travel from Ananthapuramu to Kurnool to attend the divorce case proceedings without any male support, 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.14 of 2025, on the file of the Principal District Judge, Kurnool, to the Judge, Family Court at Ananthapuramu. Further, on considering the submissions made by the learned counsel for the respondent that the respondent/husband herein is a Government Employee and suffering with health ailments therefore, it is desirable to dispense with the personal appearance of the respondent/husband herein i.e., the petitioner in D.O.P.No.14 of 2025, on the file of the Principal District Judge, Kurnool, before the transferee Court, except on the days when his personal appearance is required before the said Court as per law. 10. In the result, the Transfer Civil Miscellaneous Petition is allowed and D.O.P.No.14 of 2025, on the file of the Principal District Judge, Kurnool, is hereby withdrawn and transferred to the Judge, Family Court at Ananthapuramu. The learned Principal District Judge, Kurnool, shall transmit the case record in D.O.P.No.14 of 2025, to the Judge, Family Court at Ananthapuramu, 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. Later the learned Judge, Family Court at Ananthapuramu, is hereby directed not to insist for the personal appearance of the respondent herein i.e., the petitioner in D.O.P.No.14 of 2025, as long as his counsel is attending the Court proceedings and representing the case except on the day when re-conciliation proceedings are being taken up or on the day when his cross-examination is required to be recorded or on any other day when his personal appearance is required as directed by the learned Judge, Family Court at Ananthapuramu. 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