APHC010090882026 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: 60/2026 Between: 1. CHERUKURU GOWRI @ POLLOLU GOWRI, W/O. CHERUKURU SURESH, D/O. LATE MUTHYALAIAH, AGED ABOUT 42 YEARS, OCC HOUSE WIFE, R/O. D.NO 15-613, PATA LINE, ISUKADIBBA, SRIKALAHASTI TOWN, TIRUPATI DISTRICT - 517 644. ...PETITIONER AND 1. CHERUKURU SURESH, S/o. C.Ramaiah, Aged about 41 years, Occ Private employees, R/o . Pedda Cherukuru Village, Nellore Rural Mandal, SPSR Nellore District - 524 002. ...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 and Transfer the F.C.O.P. No. 202 of 2025 on the file of Hon'ble Family Court, Nellore is transferred to the Civil Judge (SENIOR DIVISION) Srikalahasti and pass 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 F.C.O.P. No. 202 of 2025 on the file of Hon'ble Family Court, Nellore during the pendency of the above transfer Civil Miscellaneous Petition and to pass 2 Counsel for the Petitioner: 1. VAJJA CHETHAN KUMAR REDDY Counsel for the Respondent: 1. SIVAPRASAD REDDY VENATI The Court made the following: 3 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.60 of 2026 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 withdrawal of F.C.O.P.No.202 of 2025, on the file of the learned Judge, Family Court, Nellore, and to transfer the same to the file of the learned Civil Judge(Senior Division), Srikalahasti, for trial and disposal. 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 solemnized on 18.10.2013 at Madduluru Veeraraghavaiah Nayi Brahmana Kalyana Mandapam, Nawabpet, Nellore, as per Hindu rites and caste customs. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife along with her children has been residing separately at her parents‟ house at Srikalahasthi Town, Tirupati District. ii. The petitioner/wife further pleaded that, with a view to cause inconvenience to her, the respondent/husband filed a divorce petition vide F.C.O.P.No.202 of 2025, on the file of learned Judge, Family Court, Nellore, under Section 13(1)(ia) of the Hindu Marriage Act, 1955 r/w Section 7 of the Family Courts Act, seeking dissolution of marriage, and the same is also pending for 4 adjudication. The petitioner further pleaded that the distance between Srikalahasti and Nellore is approximately 96kms, and that it is very difficult for the petitioner/wife to appear before the learned Judge, Family Court, Nellore, on each and every adjournment without any male assistance, and that she is constrained to file this petition. 3. Learned counsel for the respondent represented that the respondent has filed a counter and the same is placed on record. He contended that the respondent is working as a private employee and there are no merits in the transfer petition filed by the petitioner and prayed to dismiss the present Transfer Civil Miscellaneous Petition. 4. Heard learned counsel appearing on both sides. 5. Perused the material available on record. 6. The material on record prima facie goes to show that, due to the matrimonial disputes between both parties, the petitioner/wife has been residing separately in her parents‟ house at Nellore. The material on record further reveals that the respondent/husband has instituted a petition against the petitioner/wife herein vide F.C.O.P.No.202 of 2025, on the file of the on the file of the learned Judge, Family Court, Nellore, under Section 13(1)(ia) of the Hindu Marriage Act, 1955 r/w Section 7 of the Family Courts Act, seeking dissolution of marriage, and the same is also pending 5 for adjudication and it is also undisputed fact that no other cases are pending before the learned Civil Judge(Senior Division), Srikalahasti. 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.” 9. On considering the submissions made by the learned counsel appearing for both sides and in view of the ratio laid down in the aforesaid case laws and on considering the facts and circumstances of the present case, this Court is of considered view that in matrimonial proceedings, the 1(2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 6 convenience of the wife has to be taken into consideration than that of the inconvenience of the husband. It was admitted by both sides counsel on record that no cases are pending in between both the parties before the learned Civil Judge(Senior Division), Srikalahasti,. Therefore, in such a case, if F.C.O.P.No.202 of 2025 has been transferred to the learned Civil Judge (Senior Division), Srikalahasti, certainly, it will cause some hardship to the Respondent. Therefore, this Court is of the considered view that it is desirable to dispense with the personal appearance of the Respondent herein before the learned Civil Judge(Senior Division), Srikalahasti, except on the days his presence is required before the said Court. Therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, seeking transfer of F.C.O.P.No.202 of 2025, on the file of the learned Judge, Family Court, Nellore. 10. In the result, the Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.202 of 2025, on the file of the learned Judge, Family Court, Nellore, is hereby withdrawn and transferred to the file of the learned Civil Judge(Senior Division), Srikalahasti. The learned Judge, Family Court, Nellore, shall transmit the case record in F.C.O.P.No.202 of 2025, to the file of the learned Civil Judge(Senior Division), Srikalahasti, 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. Both the parties are directed to appear before the learned Civil Judge (Senior Division), Srikalahasti, on 13.07.2026 at 10.30 A.M. Later, the transferee Court i.e., the learned Civil 7 Judge(Senior Division), Srikalahasti, is hereby directed not to insist for the personal appearance of the respondent herein i.e., the petitioner in F.C.O.P.No.202 of 2025, which is now under the orders of transfer, as long as his counsel on record is attending the Court proceedings and representing the case except on the day when re-conciliation proceedings are being taken up or on the day when his cross-examination is required to be recorded or on any other day when his personal appearance is required as directed by the learned Civil Judge(Senior Division), Srikalahasti,. 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