APHC010101682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ■I TUESDAY, THE TWELFTH DAY OF AUGUS0 iO TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO O TRANSFER CIVIL MISCELLANEOUS PETITION No.72 of 2025 Between: Dr. Gujju Sourima Bindu, W/o. Sri Harsha, D/o. Mogaraju Srinivas Rao, aged about 38 years, R/o. Flat No.44, Balaji Green City, 4‘^ Lane, Nayudupeta-524126, SPSR Nellore District. ...PETITIONER AND Gujju Sri Harsha, S/o. Ravi Kumar, Aged about 40 Years, Software Engineer, Technical Head, Flat No.308, III Floor, Sneha Towers, Ikya Nagar, Tanuku Town, West Godavari 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 to withdraw the H.M.O.P No.108 of 2023 on file of Senior Civil Judge, Tanuku and transfer the same to Senior Civil Judge, Gudur, SPSR Nellore District. i lA NO: 1 OF 2025 Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be > to stay all further proceedings in H.M.O.P No. 108 of 2023 on file of Senior Civil Judge, Tanuku, West Godavari District, pending disposal of the above Transfer Miscellaneous Petition. Counsel for the Petitioner : SRI SOMASEKHAR.M Counsel for the Respondent : SRI M R S SRINIVAS The Court made the following ORDER : 1 fV. THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.72 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 for withdrawal of H.M.O.P.Mo.108 of 2023 on the file of the Senior Civil Judge, Tanuku, West Godavari District and transfer the same to the file of the Senior Civil Judge, Gudur, S.P.S.R. Nellore District, for trial. The case of the petitioner in brief is as follows: 2. The petitioner is the legally wedded wife of the respondent/husband and I. the marriage of the petitioner with the respondent was solemnized on 06.01.2021, at Sarada Convention Hall, A5 Hotel, Near Tirumala Diary, NH-16 at Gudur, according to Hindu Rites and Caste Customs. Later, 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 Naidupeta, S.P.S.F^. Nellore District. The petitioner/wife pleaded that in view of the harassment made by the respondent/husband, she lodged a complaint against the respondent'husband and his family members, dated 21.06.2023, in F.!.R.iNo.126 of 2023, for the offences punishable under Section 498-A, of I.P.C. and under Section 3 & 4 of the Dowry Prohibition Act, 1961, before the Naidupet Police Station, Tirupati. After completion of investigation. Police filed a charge sheet, dated 04.07.2024 and the same VGKR, J Tr.C.M.P.No.72 of 2025 Dated 12.08.2025 2 was numbered as C.C.No.147 of 2024 of First Classm Naidupeta, and the The petitioner/wife further pleaded that to on the file of the Judicial Magistrate same is pending for adjudication. II. cause inconvenience and to harass her, the respondent/husband had filed H.M.O.P.No.108 of 2023 on the file of the Senior Civil Judge, Tanuku, West Godavari District under Section 13(1)(ia)(ib) of the Hindu Marriage Act 1955, seeking for dissolution of the marriage and the same is pending for adjudication. HI. Learned counsel for the petitioner would contended that the petitioner being a woman and residing separately at her parents’ house and depending upon the mercy of her parents at Naidupeta S.P.S.R. Nellore District, it is very difficult for her to travel to attend the divorce case proceedings before the Court at Tanuku, which is situated at a distance of more than 450Kms from Naidupeta to Tanuku 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.108 of 2023 the file of the Senior Civil Judge, Tanuku, West Godavari on District and transfer the same to the file of the Senior Civil Judge, Gudur, S.P.S.R. Nellore District. 3. Heard learned counsel appearing on both sides. Perused the material available on record. 4. VGKR, J Tr.C.M.P.No.72 of 2025 Dated 12.08.2025 3 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.” 5. The Apex Court in a case of N.C.V. AISHWARYA VS A.S. SARAVANA KARTHIK SHA^, held as follows: 6. “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. ” 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 matrimonial proceedings, the convenience of the wife has to be taken into 7. ^(2000) 10 see 304 ^ 2022 LiveLaw (SC) 627 V6KR, J Tr.C.M.P.No.72of 2025 Dated 12.08.2025 consideration than that of the inconvenience of the husband and in view of the matrimonial disputes between both the parties, the petitioner/wife been staying separately at her parents’ house and depending upon the mercy of her parents at Naidupeta, S.P.S.R. Nellore District, it is very difficult for her to travel from Naidupeta to Tanuku which is situated at a distance of more than 450kms and therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, seeking for withdrawal of H.M.O.P.No.108 of 2023 on the file of the Senior Civil Judge, Tanuku, West Godavari District and transfer the of the Senior Civil Judge, Gudur, S.P.S.R. Nellore District, considering the submissions made by the learned counsel for the has same to the file Further, on respondent that, since the respondent/husband herein is a software employee and is currently residing in United States of America (USA) and therefore, it is desirable to dispense with the personal attendance of the respondent/husband herein i.e., the petitioner in H.M.O.P.No.108 of 2023 on the file of the Senior Civil Judge, Tanuku, West Godavari District, before the transferee Court. 8. In the result, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.108 of 2023 on the file of the Senior Civil Judge, Tanuku Godavari District, is hereby withdrawn and transferred to the file of the Senior Civil Judge, Gudur, S.P.S.R. Nellore District. The learned Senior Civil Judge, Tanuku, West Godavari District, H.M.O.P.No.108 of 2023, to the file of the Senior Civil Judge Court, Gudur, West shall transmit the case record in VGKR, J Tr.C.M.P.No.72 of 2025 Dated 12.08.2025 5 S.P.S.R. Nellore District, 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. Further, the personal attendance of the respondent/husban d i.e., the petitioner in H.M.O.P.No.lOS of 2023 on the file of the Senior Civil Judge, Tanuku, West Godavari District, has been dispensed with before the transferee Court i.e.. Senior Civil Judge, Gudur, S.P.S.R. Nellore District, the learned Senior Civil Judge, Gudur, S.P.S.R. Nellore District, is hereby instructed not to insist the personal appearance of the respondent/husband herein as long as his counsel on record is available except at the stage of re conciliation of his evidence and on the date of recording his cross-examination before the transferee Court. 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/- SK.MOHAMMED RAFI ASSISTANT REGISTR^ //TRUE COPY// S OFFICER To 1. The Civil Judge (Senior Division), Tanuku, West Godavari District. 2. The Civil Judge (Senior Division), Gudur, SPSR Nellore District. 3. One CC to Sri Somasekhar.M, Advocate [OPUC] 4. One CC to Sri M R S Srinivas, Advocate [OPUC] 5. Two CD Copies TK TAC ^ i HIGH COURT DATED: 12/0872025 ORDER TRCMP No.72 of 2025 2 2 AUG 2025 SdCtjgtv>*V ^o: \o o ALLOWING THE TRANSFER CIVIL MISCELLANEOUS PETITION