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2025 DAILYLAW 59525 (AP)

YADAGIRI @ PASUPULETI ASWANI v. YADAGIRI KANAKA DURGARAO

TRCMP/348/2025 · 2025-12-29

Venuthurumalli Gopala Krishna Rao

body2025

Judgment text

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THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.348 of 2025 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 to withdraw H.M.O.P.No.50 of 2025, on the file of learned Civil Judge (Senior Division), Sattenapalli, Guntur District and transfer the same to the file of learned Civil Judge (Senior Division), Nandigama, Krishna District for trial and disposal. 2. 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 16.03.2024, at Kanaka Durga Ammavari Temple, Vijayawada as per Hindu Rights and Customs. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents’ house at Nandigama, Krishna District. The petitioner lodged a complaint under Section 498-A IPC and the same was numbered as DVC(CF).No.119 of 2025, on the file of the learned Civil Judge (Senior Division), Nandigama. 2 ii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed H.M.O.P.No.50 of 2025, on the file of learned Civil Judge (Senior Division), Sattenapalli, seeking for dissolution of the marriage under Section 13(1) (ia) of the Hindu Marriage Act, 1955, the same is pending for adjudication. The petitioner further pleaded that it is very difficult for the petitioner/wife to appear before the learned Civil Judge (Senior Division), Sattenapalli, on each and every adjournment without any male assistance, and that she is constrained to file this petition. 4. Heard both sides, learned counsel on record. 5. Perused the material available on record. 6. Learned counsel for the respondent submits that the respondent is a teacher, now working at Sattenapalli, in case if the H.M.O.P.No.50 of 2025 is transferred to the file of the learned Civil Judge, Nandigama, from the file of the learned Civil Judge (Senior Division), Sattenapalli, the respondent has to face more problems to appear before the learned Civil Judge, Nandigama by travelling from Sattenapalli, Guntur District. It is also represented by the learned counsel for the respondent that instead of transferring the H.M.O.P. No.50 of 2025 from 3 Sattenapalli to Nandigama, the matter may be transferred to the Family Court at Vijayawada. 7. Learned counsel for the petitioner fairly conceded that the petitioner herein is a housewife, in case if this Court is inclined to transfer the H.M.O.P. No.50 of 2025 to Vijayawada, the personal appearance of the petitioner may be dispensed with before the transferee Court, i.e., the Additional Family Court, Vijayawada. 8. Considering the submissions made by both the learned counsel on record and on perusal of the entire material, I am of the considered view that, it is desirable to transfer the H.M.O.P. No.50 of 2025 on the file of the Civil Judge (Senior Division), Sattenapalli, to the file of the Additional Family Court, Vijayawada. 9. In the result, this Transfer Civil Miscellaneous Petition is disposed of, and the H.M.O.P. No.50 of 2025, on the file of the Civil Judge (Senior Division), Sattenapalli, Guntur District, is hereby withdrawn and transferred to the file of the Additional Family Court, Vijayawada. The learned Civil Judge (Senior Division), Sattenapalli, Guntur District, shall transmit the case record in H.M.O.P. No.50 of 2025 to the file of the Additional Family Court, Vijayawada, duly indexed, as expeditiously as possible, preferably within a period of one (01) week from the 4 date of receipt of a copy of the order. The transferee Court, i.e., the Additional Family Court, Vijayawada, is hereby directed not to insist on the personal appearance of the petitioner herein, i.e., the respondent in H.M.O.P. No.50 of 2025, as long as her counsel is attending the Court proceedings and representing the case, except on the day when reconciliation proceedings are being taken up or on the day when her cross-examination is required to be recorded or on any other day when her personal appearance is required, as directed by the learned Judge, Additional Family Court, Vijayawada. Both the parties are directed to appear before the learned Judge, Additional Family Court, Vijayawada, on 18.02.2026 at 10.30 A.M., thereafter, the personal appearance of the petitioner herein/respondent in connection with the petition filed for dissolution of marriage by husband before the learned Judge, Additional Family Court, Vijayawada, is dispensed with. 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: 30.12.2025 MH 5 95 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.348 of 2025 Date: 30.12.2025 MH