APHC010181792026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] THURSDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 106/2026 Between: 1. CHEEKALA PRIYA,, W/O. K. VENKATESWARA REDDY,AGED ABOUT 27 YEARS, R/O. D.NO. 43/501/1- 14, NIRANJAN NAGAR, YERRAMUKKAPALLI POST, YSR (KADAPA) DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. KUNALA VENKATESWARA REDDY, S/o. K. Venkata Reddy, aged about 33 years, R/o. D. No. 3-9, Krishnareddygaripalli, Mudupulavemula Village and post, Piler Mandal, Annamayya District, Andhra Pradesh ...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 the H.M.O.P. No. 98 of 2025 from the file of the Civil Judge (Senior Division), at Piler and transfer the same to the file of the Court of the Family Court, Kadapa, YSR (Kadapa) District and pass IA NO: 1 OF 2026 2 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. 98 of 2025 from the file of the Civil Judge (Senior Division), at Piler, pending disposal of the above Transfer CMP and pass Counsel for the Petitioner: 1. SHAIK MOHAMMED ISMAIL 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.106 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.98 of 2025, on the file of the learned Civil Judge(Senior Division), Piler, to the file of the learned Judge, Family Court, Kadapa, 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 25.05.2022 at TTD Kalyana Mandapam, Tirupati Road, Piler. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife along with her daughter has been residing separately at her parents‟ house at Kadapa. 4 ii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed H.M.O.P.No.98 of 2025, the learned Civil Judge(Senior Division), Piler, seeking dissolution of marriage 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 Civil Judge(Senior Division), Piler, 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 along with her daughter has been residing separately at her parents‟ house at Kadapa. The material on record further discloses that the respondent/husband filed a petition against the petitioner/wife vide H.M.O.P.No.98 of 2025, on the file of the learned Civil Judge(Senior Division), Piler, seeking dissolution of marriage and the same is pending for adjudication. 5 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: “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.” 1(2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 6 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.98 of 2025, on the file of the learned Civil Judge(Senior Division), Piler. 10. In the result, the present Transfer Civil Miscellaneous Petition is allowed, and H.M.O.P.No.98 of 2025, on the file of the learned Civil Judge(Senior Division), Piler, is hereby withdrawn and transferred to the file of the learned Judge, Family Court, Kadapa. The learned Civil Judge(Senior Division), Piler, shall transmit the entire case record in H.M.O.P.No.98 of 2025, to the file of the learned Judge, Family Court, Kadapa, 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. 7 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: 07.05.2026 LSP