APHC010079952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY-FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 60/2025 Between: 1. MUPPURI PRAVALLIKA, W/O MUPPURI VENKATA NAGA BHASKAR, AGED 33 YEARS, OCC HOUSEWIFE, R/O NAREKRISHNAIAH BAZAR, OPP CHOWDESWARI TEMPLE, SANGAM VILLAGE AND MANDAL, KOVURU TALUKA, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. MUPPURI VENKATA NAGA BHASKAR RAO, S/o Venkateswarlu Aged about 35 years, Occ Employee, R/o. D. No. Plot No. 20-4-93, Nandavari Street, Kandukur Town and Municipality, Prakasham District. ...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 tomay be pleased to order withdrawal of H.M.O.P. No. 107 of 2019 on the file of the Court of Senior Civil Judge, Kandukur and transfer the same for trial and disposal to the Court of Senior Civil Judge, Kovur, SPSR Nellore District and pass such 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 may be pleased to order stay of all further proceedings in H.M.O.P. No.107 of 2019 on the file of the Court of Learned Senior Civil Judge, Kandukur, pending disposal of the main Transfer C.M.P and pass such Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent: 1. MADHAVA RAO NALLURI 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 for withdrawal of H.M.O.P.No.107 of 2019 on the file of the Senior Civil Judge, Kandukur, Prakasam District and transfer the same to the file of the Senior Civil Judge, Kovvur, S.P.S.R. Nellore District, for trial. 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 performed on 18.12.2014, at Janardhan Swami Kalyana Mandapam, Kandukur, as per the Hindu Rites and Caste Customs and later, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her child aged about nine (9) years at Kovvur. II. It is submitted that the respondent/husband had earlier filed H.M.O.P.No.144 of 2016 on the file of the Court of the Senior Civil Judge, Kandukur, under Section 9 of the Hindu Marriage Act, 1955, seeking for restitution of conjugal rights. Subsequently, the petitioner/wife filed M.C.No.31 of 2017 before the Court of the Principal Judicial Magistrate of First Class, Kovur, seeking monthly maintenance from the respondent/husband, which was partly allowed by order dated 28.01.2019. It is further submitted that thereafter, the respondent initiated H.M.O.P. No. 107 of 2019, before the Court of the Senior Civil Judge, Kandukur, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. During the pendency of H.M.O.P.No.107 of 2019, the petitioner/wife filed a Transfer Civil Miscellaneous Petition in Tr.C.M.P.No.104 of 2022, before this Court, seeking transfer of the said H.M.O.P. from the Court of the Senior Civil Judge, Kandukur, to the Court of the Senior Civil Judge, Kovur, as the petitioner has to travel approximately 120 Kms along with her child aged about 9 years to attend the court proceedings at Kandukur and the said petition was dismissed by this Court on 30.10.2023. III. The petitioner submits that there has been a change of circumstances in between the dismissal of Tr.C.M.P.No.104 of 2022 and the present application. After filing of H.M.O.P.No.107 of 2019, the petitioner's father passed away, which caused emotional hardship and made it difficult to travel along with her daughter aged about nine (9) years to attend the divorce case proceedings before the Court at Kandukur, which is situated at a distance of more than 120 Kms from Kovvur to Kandukur without any male assistance and that she was constrained to file the present petition against the respondent/husband, seeking for withdrawal of H.M.O.P.No.107 of 2019 on the file of the Senior Civil Judge, Kandukur, Prakasam District and transfer the same to the file of the Senior Civil Judge, Kovvur, S.P.S.R. Nellore District. 3. Heard learned counsel appearing on both sides. 4. As seen from the material available on record, the petitioner herein approached this Court and filed Transfer Civil Miscellaneous Petition vide Tr.C.M.P.No.104 of 2022 for the selfsame relief and after hearing on both sides, this Court dismissed the said petition on 30.10.2023, with an observation that the respondent/husband has to pay a sum of Rs.1,000/- to the petitioner on every occasion that the petitioner is required to attend before the Senior Civil Judge, Kandukur, in connection with the H.M.O.P.No.107 of 2019. It is also further observed by this Court, in the said Transfer Civil Miscellaneous Petition that the Senior Civil Judge, Kandukur, shall ensure such payment is made to the petitioner herein on every occasion on her attendance in H.M.O.P.No.107 of 2019 before the said Court, it is quite clear that the petitioner herein has approached this Court and filed the Transfer Civil Miscellaneous Petition No.104 of 2022 for the selfsame relief. After hearing on both sides, this Court dismissed the said petition on 30.10.2023. No doubt, the present Transfer Civil Miscellaneous Petition, seeking for transfer of the case cannot be opposed solely on the ground that the earlier petition was dismissed, but the petitioner herein has to satisfy the Court that there are no change of circumstances between the dismissal of earlier petition and institution of the present petition. 5. Learned counsel for the respondent would contend that there is no change of circumstances between the dismissal of earlier petition and present petition and he also filed the case status proceedings downloaded through e- Courts website and the same is placed on record. 6. As seen from the material on record, it is clear that there is no change of circumstances between the dismissal of earlier petition and the present petition except the appearance of the petitioner herein on one occasion i.e., on 06.02.2024. On that day, the respondent herein i.e., the petitioner in H.M.O.P.No.107 of 2019, was absent and the petitioner herein is present before the Senior Civil Judge, Kandukur, except the aforesaid date, on all the remaining days of adjournments almost all the dates the petitioner herein was absent before the said Court in connection with the H.M.O.P.No.107 of 2019. 7. Learned counsel for the respondent would further contend that on that day, the respondent herein met with an accident and that he could not attend before the Senior Civil Judge Court at Kandukur and he will pay the costs as ordered by this Court to the petitioner herein. As stated supra, except on only one occasion i.e., on 06.02.2024 between the dismissal of earlier petition and the present petition, the petitioner herein has appeared before the Senior Civil Judge, Kandukur, in connection with the said H.M.O.P.No.107 of 2019, except that there are no change of circumstances between the dismissal of earlier petition and the present petition. If the respondent herein has not complied the order passed by this Court i.e., Rs.1,000/- was not paid to the petitioner herein as ordered by this Court, it is for the petitioner herein to bring to the notice of the learned Senior Civil Judge, Kandukur and the learned Senior Civil Judge, Kandukur, has to ensure the same and verify whether the respondent herein has complied the order passed by this Court dated 30.10.2023. 8. In view of the aforesaid reasons, I am of the considered view that, since there are no changed circumstances between the dismissal of earlier petition and the present petition, I find there are no valid grounds to consider the request made by the petitioner herein seeking for withdrawal of H.M.O.P.No.107 of 2019 the file of the Senior Civil Judge, Kandukur, Prakasam District and transfer the same to the file of the Senior Civil Judge, Kovvur, S.P.S.R. Nellore District. The learned counsel for the petitioner would contend that, in case, if this Court is not inclined to transfer the case from Kandukur to Kovvur, a time raider may be fixed to the trial Court for dispose of the case, as the matter pertains to the year 2019 and six (6) years has already been elapsed. Learned counsel for the respondent also fairly conceded the request made by the petitioner. Considering the submissions made by the learned counsel appearing on both sides on record, this Court is inclined to direct the Senior Civil Judge, Kandukur, Prakasam District, to dispose of the H.M.O.P.No.107 of 2019, within a period of six (06) months from the date of receipt of a copy of the order. 9. For the aforesaid reasons, the Transfer Civil Miscellaneous Petition is dismissed. The learned Senior Civil Judge, Kandukur, Prakasam District, is hereby directed to dispose of the case i.e., H.M.O.P.No.107 of 2019, within a period of six (06) months from the date of receipt of a copy of the 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: 17.07.2025 CVD