IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 71 OF 2025 Between: Peyyala Pallavi, W/o. P. Chandrasekhar, D/o. Manavalan Padmava, Age. 38 years, R/o Near Anganwadi School, Venkata Krishna Palem, Narayanavanam Mandal, Putturu, Tirupati District. ...PETITIONER AND Peyyala Chandra Sekhar @ Chandra, S/o. Late Malakondaiah, Aged about 45 Years, Hindu, R/o. Ambedkar Nagar, Kavali Town, SPSR Nellore 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.85/2024 from the file of the Court of the Senior Civil Judge, Kavali and transfer the same to the file of the Court of the Senior Civil Judge, Puttur. lA 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 stay all further proceedings in H.M.O.P.No.85/2024 on the file of the Court of the Senior Civil Judge, Kavali pending disposal of the dbbve Tr.CMP. Counsel for the Petitioner: SRI. V. SUDHAKAR REDDY Counsel for the Respondent: M/s. KOPPARTHI SUMATHI The Court made the following ORDER: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.71 of 2025 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw H.M.O.P.No.85 of 2024, on the file of the Senior Civil Judge, Kavali and transfer the same to the Senior Civil Judge, Puttur. 2. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Tirupati on 13.11.2014 as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife along with her children aged about 7 years and 6 years are staying at her parents’ house at Venkata Krishna Palem, Narayanavanam Mandal, Putturu, Tirupati District and depending upon the mercy of her parents. The petitioner pleaded that she had filed a Maintenance Case vide M.C.No.11 of 2025, on the file of the Judicial Magistrate of First Class, Puttur and the respondent/husband is attending the Court proceedings in the aforesaid case before the competent Court at Puttur. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband filed H.M.O.P.No.85 of 2024, on the file of the Senior clVil Judge, Kavali, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage. \ 2 \ II. Learned counsel for the petitioner further contended that the petitioner being a woman having children aged about 7 years and 6 years, depending upon the mercy of her parents, it is very difficult for her to travel at a distance of more than 200Kms from Puttur, Tirupati District to Kavali, SPSR Nellore District without any male support and that she was constrained to file the present petition against the respondent/husband seeking to withdraw H.M.O.P.No.85 of 2024, on the file of the Senior Civil Judge, Kavali and transfer the same to the Senior Civil Judge, Puttur. Heard learned counsel for the petitioner and learned counsel for the 3. respondent. Perused the material available on record. The material on record prima facie goes to show that in view of the matrimonial disputes between both the parties, the petitioner/wife along with her children aged about 7 years and 6 years are staying at her parents’ house at Venkata Krishna Palem, Narayanavanam Mandal, Putturu, Tirupati District and she had filed a Maintenance Case vide M.C.No.11 of 2025, on the file of the Judicial 4. Magistrate of First Class, Puttur and the respondent/husband is attending the Court proceedings in the aforesaid case before the competent Court at Puttur. The respondent/husband has filed H.M.O.P.No.85 of 2024, on the file of the Senior Civil Judge, Kavali, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage. / \ 3 5. 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.” The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha^ held as follows: 6. “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.” N / 7. 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 considered than that of the inconvenience of the husband. Therefore, this Court is of the considered view that there are grounds to consider the request of the petitioner/wife to withdraw H.M.O.P.No.85 of 2024, on the file of the Senior Civil Judge, Kavali and transfer the same to the Senior Civil Judge, Puttur. ^ (2000) 10 see 304 " 2022 LiveLaw (SC) 627 4 8. In the result, the present petition is allowed and H.M.O.P.No.85 of 2024 the file of the Senior Civil Judge, Kavali Senior Civil Judge, Puttur. The Senior Civil record in H.M.O.P.No.85 of 2024 to the Senior Civil expeditiously as possible preferably within of receipt of a copy of the order. Both the learned Senior Civil Judge, Puttur, on 28.07.2025 at 10.30 order as to costs. , on IS hereby withdrawn and transferred to the Judge, Kavali, shall transmit the Judge, Puttur duly indexed a period of two (02) weeks from the date case as parties are directed to appear before the a.m. There shall be no As a sequel, miscellaneous petitions granted earlier, if any, shall stand closed. If any pending and the Interim order Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER \ To, 1. The Senior Civil Judge, Kavali. 2. The Senior Civil Judge, Puttur. 3. One CC to Sri. V Sudhakar Reddy, Advocate [OPUC] 4. One CC to M/s. Kopparthi Sumathi, Advocate [OPUC] 5. Peyyala Pallavi, W/o. P. Chandrasekhar, D/o. Manavalan Padmava, Age. 38 years, R/o Near Anganwadi School, Venkata Krishna Palem, Narayanavanam Mandal, Putturu, Tirupati District. e.Three CD Copies Chp vna f HIGH COURT DATED;16/06/2025 \ \ ORDER TRCMP.No.71 of 2025 \ \ ALLOWING THE TR.C.M.P. i