THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.344 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 19.11.2025 vide U.S.R.No.133822 of 2025, along with the Postal Track Consignment Sheet downloaded from the Postal Department Website and the same has been placed on record. As per the Postal Track Consignment Sheet, the registered notice sent to the respondent and the same was served on him on 06.11.2025. 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 to transfer the D.O.P.No.1407 of 2022, on the file of the Principal District and Sessions Judge, Guntur to the file of Principal District and Sessions Judge, Kakinada, for trial and disposal. 2 3. The case of the petitioner in brief is as follows: i. The petitioner is the legally wedded wife of the respondent/husband, and their marriage was solemnized on 29.05.2016, at All India Independent Churches (Zion Lutheran Church), Sattenapalli, as per Christian rites and caste customs. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents‟ house at Kumarapriyam Village, Pedapudi Mandal, Kakinada District. The petitioner/wife further pleaded that, in view of the harassment caused by the respondent/husband, she lodged a complaint against the respondent/husband herein, which was registered as FIR No.115 of 2025 for the offences punishable under Sections 74, 351(2) r/w 3(5) of the BNS, 2023, and which was numbered as C.C. No.2427 of 2022 on the file of the Principal Junior Civil Judge and Judicial First Class Magistrate, Kakinada, and she also filed a case against the respondent/husband, i.e., a Maintenance Case vide M.C. No.84 of 2024, on the file of the Additional Judicial First Class Magistrate, Kakinada, and the same are pending adjudication. ii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the 3 petitioner, filed D.O.P.No.1407 of 2022, on the file of Principal District and Sessions Judge, Guntur, seeking for dissolution of the marriage, under Section 10(1)(ix) and (x) of the Indian Divorce Act, 1869, the same is pending for adjudication. The petitioner further pleaded that the distance between Kakinada and Guntur is approximately 250 kms, and that it is very difficult for the petitioner/wife to appear before the Court of the Principal District and Sessions Judge, Guntur, on each and every adjournment without any male assistance, and that she is constrained to file this petition. 4. Heard learned counsel for the petitioner. 5. Perused the material available on record. 6. The material on record prima facie shows that, in view of the matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents‟ house at Kumarapriyam Village, Pedapudi Mandal, Kakinada District and depending upon the mercy of her parents. The material on record further discloses that the respondent/husband filed a divorce petition against the petitioner/wife vide D.O.P.No.1407 of 2022, on the file of Principal District and Sessions Judge, Guntur, seeking for dissolution of the marriage under Section 10(1)(ix) and 4 (x) of the Indian Divorce Act, 1869, and the same is pending 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 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.” 9. On considering the submissions made by the learned counsel for the petitioner and in view of the ratio laid down in the 1(2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 5 aforesaid case laws that, in matrimonial proceedings, the convenience of the wife has to be taken into consideration rather than the inconvenience of the husband and therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife seeking transfer D.O.P.No.1407 of 2022, on the file of Principal District and Sessions Judge, Guntur. 10. In the result, the present Transfer Civil Miscellaneous Petition is allowed, D.O.P.No.1407 of 2022, on the file of Principal District and Sessions Judge, Guntur, is hereby withdrawn and transferred to the file of the III Additional District Judge, Kakinada. The learned Principal District and Sessions Judge, Guntur, shall transmit the case record in D.O.P.No.1407 of 2022, to the file of the learned III Additional District Judge, Kakinada, 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: 28.11.2025 MH 6 7 13 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.344 of 2025 Date: 28.11.2025 MH