APHC010062802026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] TUESDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 64/2026 Between: 1. MARE PUSHPANJALI SUNEETHA KUMARI, W/O. GURAPPADU, AGED 32 YEARS, HINDU, RIO. PATHUR VILLAGE, NAGAPATNAM POST, KHAJIPET MANDAL, KADAPA DISTRICT, A.P- ...PETITIONER AND 1. MARE GURAPPADU, S/o. Chinna Gurappadu, Aged 32 years, Hindu, Occ Chicken Business, Chinthalapalle Village, Komarole Mandal, Prakasham District, A.P- ...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 withdraw the H.M.O.P. No.115/2025 on the file of the Hon'ble Senior Civil Judge, Markapur and transfer the same to Hon'ble Senior Civil Judge Court at Kadapa in the interest justice. 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 grant stay of all further proceedings in H.M.O.P No.115/2025 on the file of the Hon'ble Senior Civil Judge, Markapur, pending disposal of the Tr.CMP. in the interest of justic Counsel for the Petitioner: 1. P NAGENDRA REDDY Counsel for the Respondent: 1. SIVAPRASAD REDDY VENATI The Court made the following: THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLENOUS PETITION NO: 64/2026 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 to transfer the H.M.O.P.No.115 of 2025, on the file of the learned Senior Civil Judge, Markapur, to the file of the learned Senior Civil Judge Court, Kadapa, 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 14.03.2015 at Chinthalapalem Village, Komarole Mandal. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately at Kadapa in her parents’ house. ii. The petitioner submitted that she had lodged a complaint, which was registered as Crime.No.136 of 2025, for the offences punishable under Sections 85, r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Khajipet Police Station, the same is pending for investigation. She further stated that she has also filed a maintenance case, vide M.C. No.16 of 2022 on the file of the learned Judicial Magistrate of First Class, Mydukuru, and the same is pending for adjudication. iii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed H.M.O.P.No.115 of 2025, on the file of the learned Senior Civil Judge, Markapur, seeking restitution of conjugal rights, under Section 9 of the Hindu Marriage Act, 1955, and the same is pending for adjudication. The petitioner further pleaded that the distance between Kadapa and Markapur is approximately 200 Kilometers and it is very difficult for the petitioner/wife to appear before the court at Markapur, on each and every adjournment without any male assistance, and that she is constrained to file this petition. 3. The respondent has filed his counter-affidavit by denying the material allegations leveled in the transfer petition filed by the petitioner and there are no merits in the transfer petition filed by the petitioner and requested to dismiss the present Transfer Civil Miscellaneous Petition. 4. Heard Sri P.Nagendra Reddy, learned counsel for the petitioner/wife and Sri Venati Siva Prasad Reddy, learned counsel for the respondent/husband. 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 has been residing separately at Kadapa in her parents’ house. The material on record further discloses that the respondent/husband filed a H.M.O.P.No.115 of 2025 on the file of the learned Senior Civil Judge, Markapur, seeking restitution of conjugal rights, under Section 9 of the Hindu Marriage Act, 1955 the same is pending for adjudication. 7. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha1 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 1 2022 LiveLaw (SC) 627 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.” 8. On considering the submissions made by the learned counsel for the petitioner and in view of the ratio laid down in the aforesaid case law 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.115 of 2025, on the file of the learned Senior Civil Judge, Markapur. 9. In the result, the present Transfer Civil Miscellaneous Petition is allowed, and H.M.O.P.No.115 of 2025, on the file of the learned Senior Civil Judge, Markapur, is hereby withdrawn and transferred to the file of the learned Family Judge Court, Kadapa. The learned Senior Civil Judge, Markapur, shall transmit the case record in H.M.O.P.No.115 of 2025 forthwith, to the learned Family Judge Court, Kadapa, within a week from the date of receipt of the order. Both parties are directed to appear before the learned Family Judge Court, Kadapa on 29.06.2026 at 10:30 A.M. 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: 05.05.2026 LSP 54 THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLENOUS PETITION NO: 64/2026 Date: 05.05.2026 LSP