APHC010504692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 313 OF 2025 Between: Dasari Sandhya Rani, W/o.Mutyala Surya Kiran, D/o.Dasari Subrahmanyeswara Rao, aged about 32 years. Presently residing at D.No.1-27, Vegavaram, Denduluru Mandal, Eluru District. ...Petitioner/Respondent AND Mutyala Surya Kiran, S/o.Mutyala Suryanarayana, aged about 35 years, R/o.D.No.1-88, Chintalapalli, Razole Mandal, Dr.B.R.A.Konaseema District, Andhra Pradesh. ...Respondent/Petitioner Petition filed 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 Transfer H.M.O.P.No.48 of 2025 on the file of the Court of the Civil Judge (Senior Division), Razole, to the Court of the Civil Judge (Senior Division), Eluru, West Godavari District. lA NO: 1 OF 2025 Petition filed 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.M.O.P.No.48 of 2025 on the file of the Court of the Civil Judge (Senior Division), Razole pending disposal of the above Tr.CMP. Counsel for the Petitioner: Sri Rizwan AM Shaik Counsel for the Respondent: None appeared The Court made the following: THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO transfer r.IVlL MISCELLANEOUS PETITION No.313 of 2025 ORDER: for hearing, learned counsel Memo has been field Today, when the matter has been taken up for the petitioner has submitted that, proof of service .10.2025 vide U.S.R.No.121169 of 2025, along with before the Registry on 27 Track Consignment Sheet downloaded from the Postal Department the F’ostal record. As per the Postal Track Website and the same is placed on the notice sent to the respondent and the Consignment Sheet, the registered 24.10.2025. Despite service of notice, there is no same was served on him on behalf of respondent. Therefore, ‘service held sufficient’. representation on filed the present petition under Section 24 of short ‘the C.P.C.’) seeking transfer of of the Senior Civil Judge, Razole, Dr. B.R. the Senior Civil Judge Court at Eluru, West The petitioner/wife herein the Code of Civil Procedure, 1908, (for H.M.O.P.No.48 of 2025 on the file Ambedkar Konaseema District, to Godavari District, for trial and disposal of the same. 2. The case of the petitioner in brief is as follows. 3. is legally wedded wife of the The petitioner rejspondent/husband 07.12.2024, in the presence Mahalakshmi Gopalaswamy Kalyana Mandapam I. and their marriage was performed on of both side elders and well wishers at \ 2 VGKR, J Tr.C.M.P.No.313of2025 Dated 27.10.2025 Eluru Asramam, West Godavari District, as per the Hindu Rites and Caste Customs. After that, due to the matrimonial disputes between both the spouses; the petitioner/wife has been residing separately and depending upon the mercy of her parents at Eluru, West Godavari District. 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 had filed a divorce petition vide H.M.O.P.No.48 of 2025 on the file of the Senior Civil Judge, Razole, Dr. B.R. Ambedkar Konaseema District, under Section 13(1)(ia)(iii) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the pending for adjudication. same is Learned counsel for the petitioner would further contend that the petitioner being a woman, has been residing separately and depending upon the mercy of her parents at Eluru and the distance between Eluru and Razole 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 Razole without any male assistance and that she was constrained to file the % 3 VGKR, J Tr.C.M.P.No.313of 2025 Dated 27.10.2025 present petition against the respondent/husband, seeking transfer of H.M.O.P.No.48 of 2025 on the file of the Senior Civil Judge, Razole, Dr. B.R. Ambedkar Konaseema District, to the Senior Civil Judge Court at Eluru, West Godavari District, for trial and disposal of the same. Heard Mr. Sk. Rizwan Ali, learned counsel for the petitioner. 4. Though registered notice sent to the respondent and the same was served on him, none appeared for the respondent. Therefore, ‘service held 5. sufficient’. Perused the material available on record. The material on record prima facie goes to shows that, in view of the matrimonial disputes, the petitioner/wife has been residing separately in her parents’ house at Eluru and the respondent/husband herein had filed a divorce petition against the petitioner/wife herein vide H.M.O.P.No.48 of 2025 on the file of the Senior Civil Judge, Razole, Dr. B.R. Ambedkar Konaseema District, under Section 13(1)(ia)(iii) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is pending for adjudication. 6. 7. 4 V(3KR, J Tr.C.M.P.No.313of 2025 Dated 27,10.2025 The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER HEERA\ 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 Sha^ held as follows; 8. 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. ” are 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 (2000) 10 see 304 ' 2022 LiveLaw (SC) 627 % 5 VGKR, J Tr.C.M.P.No.3'13 of 2025 Dated 27.10.2025 of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, seeking transfer of H.M.O.P.No.48 of 2025 on the file of the Senior Civil Judge, Razole, Dr. B.R. Ambedkar Konaseema District, to the Judge, Family Court at Eluru, West Godavari District. In the result, the present Transfer Civil Miscellaneous Petition is 11. allowed and the H.M.O.P.No.48 of 2025 on the file of the Senior Civil Judge, Razole, Dr. B.R. Ambedkar Konaseema District, is hereby withdrawn and transferred to the Judge, Family Court at Eluru, West Godavari District. The learned Senior Civil Judge, Razole, Dr. B.R. Ambedkar Konaseema District shall transmit the case record in H.M.O.P.No.48 of 2025, to the Judge, Family Court at Eluru, West Godavari 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. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Senior Division), Razole, Dr B.R.Ambedkar Konaseema District. 2. The Judge, Family Court, Eluru, West Godavari District. I % 3. Dasari Sandhya Rani, W/o.Mutyala Surya Kiran, D/o.Dasari Subrahmanyeswara Rao, Presently residing at D.No. 1-27, Vegavaram, Denduluru Mandal, Eluru District. 4. Mutyala Surya Kiran, S/o.Mutyala Suryanarayana, R/o.D.No.1-88, Chintalapalli, Razole Mandal, Dr.B.R.A.Konaseema District, Andhra Pradesh. 5. One CC to Sri Rizwan Ali Shaik, Advocate [OPUC] 6. Two CD Copies . BSV sree ■ ■ J HIGH COURT DATED:27/10/2025 ORDER TRCMP NO. 313 OF 2025 OV 2025 ]% CO ALLOWING THE TR.CWIP WITHOUT COSTS