APHC010101642026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] MONDAY,THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 63/2026 Between: 1. VALMIKI ARUNA, AGED 33 YEARS, W/O. BANDUKA KALYAN CHAKAVARTHI, HINDU, HOME MAKER, R/O. 8THWARD, NEW MANGAMPET VILLAGE AND POST, OBULAVARIPALLI MANDAL, ANNAMAYYA DISTRICT - 516105 ...PETITIONER AND 1. BANDUKA KALYAN CHAKRAVARTHI, Aged 38 Years, S/o. Thimmaiah, Hindu, Occu Private Naturopathy Doctor, R/o. D.No.4/765, Vidyaranya Nagar, Kalyandurgam Road, Ananthapuramu Town AND District - 515001 ...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 topleased to withdraw H.M.OP.No.316 of 2022 pending on the file of the Hon'ble Additional Senior Civil Judge Court, Ananthapuramu, and transfer the same to the Hon'ble Senior Civil Judge Court, Rajampet, Kadapa District or any other competent Court having jurisdiction in Kadapa District to try and dispose of the same in the interests of justice and pass 2 IA NO: 1 OF 2026 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 pleased to stay all further proceedings in H.M.O.P.No.316 of 2022 pending on the file of the Hon'ble Additional Senior Civil Judge Court, Ananthapuramu, pending disposal of the above Tr.C.M.P. and pass IA NO: 2 OF 2026 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 allow the petitioner to carryout the amendments everywhere in the cause title, petition, its accompanying Affidavit, Prayer part and dockets of the Transfer C.M.P. No.63 of 2026 and everywhere in the petition, affidavit, prayer part and dockets of I.A. No.1 of 2026 in Tr.C.M.P. No.63 of 2026 as follows - to replace the words H.M.O.P. No.316 of 2022 on the file of the Honble Additional Senior Civil Judge, Ananthapuramu,with the words H.M.O.P. No.316 of 2022 on the file of the Hon'ble Principal Senior Civil Judge, Ananthapuramu", in the interests of justice and pass Counsel for the Petitioner: 1. YATTAPU BHARATH KUMAR REDDY Counsel for the Respondent: 1. The Court made the following: 3 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.63 of 2026 ORDER: As per the Registry endorsement, registered notice sent by the Registry to the respondent was served. Despite service of notice, there is no representation on behalf of respondent. Therefore, „service is 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 H.M.O.P.No.316 of 2022, on the file of learned Principal Senior Civil Judge, Ananthapuram, to the file of learned Senior Civil Judge Court, Rajampet, Kadapa District, for trial and disposal. 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 04.08.2016 at Sri Cheenakesava Swamy Temple, Kotta Mangampeta Village, Obulavaripalli Mandal, Annamayya District. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately at her parents‟ house in Mangampet Village, Obulavaripalli Mandal, Annamayya District 4 along with her children. The petitioner/wife filed C.C.No.393 of 2023 on the file of the learned Judicial Magistrate of First Class, Railway Kodur, and a Maintenance Case vide M.C.No.07 of 2023 on the file of the learned Judicial Magistrate of First Class, Railway Kodur, and the same is pending for adjudication. ii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed H.M.O.P.316 of 2022, on the file of learned Principal Senior Civil Judge Court at Ananthapuram, seeking dissolution of marriage under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, and the same is pending for adjudication. The petitioner further pleaded that it is very difficult for the petitioner/wife to appear before the learned Principal Senior Civil Judge Court, Ananthapuram, 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 5 has been residing separately at her parents‟ house in Mangampet Village, Obulavaripalli Mandal, Annamayya District, along with her children. The material on record further discloses that the respondent/husband filed a petition against the petitioner/wife vide H.M.O.P.316 of 2022, on the file of the learned Principal Senior Civil Judge Court, Ananthapuram, seeking for dissolution of marriage under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, and the same is pending for adjudication. The material on record further disclosed that the petitioner filed C.C.No.393 of 2023 on the file of the learned Judicial Magistrate of First Class, Railway Kodur, and a Maintenance Case vide M.C.No.07 of 2023 on the file of the learned Judicial Magistrate of First Class, Railway Kodur, and the same are pending for 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: 1(2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 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.” 9. 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 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 of H.M.O.P.No.316 of 2022, to the file of learned Senior Civil Judge Court, Rajampet, Kadapa District. 10. In the result, the present Transfer Civil Miscellaneous Petition is allowed, and H.M.O.P.No.316 of 2022, on the file of learned Principal Senior Civil Judge, Ananthapuram, is hereby 7 withdrawn and transferred to the file of learned Senior Civil Judge Court, Rajampet, Kadapa District. The learned Principal Senior Civil Judge, Ananthapuram, shall transmit the entire case record in H.M.O.P.No.316 of 2022, to the file of Senior Civil Judge Court, Rajampet, Kadapa District, duly indexed 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: 27.04.2026 LSP 8 46 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.63 of 2026 Date: 27.04.2026 LSP