APHC010410652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] FRIDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 265/2025 Between: 1.DASARI GANGA BHAVANI @ KASANI GANGA BHAVANI, W/O. DASARI MANOJ KUMAR, AGED ABOUT 29 YEARS, HINDU, PRESENTLY RESIDING AT PERAVALI VILLAGE, WEST GODAVARI DISTRICT, ANDHRA PRADESH, ...PETITIONER AND 1.DASARI MANOJ KUMAR, S/o. Ananda Rao, Aged about 33 years, Hindu, Residing at Kaligiri Village, Kaligiri Mandal, SPSR Nellore 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 H.M.O.P. No. 63 of 2024 from the file of the Honble Civil Judge (Senior Division), Kavali, SPSR Nellore District and Transfer the said H.M.O.P. No. 63 of 2024 to the file of the Honble Civil Judge (Senior Division), Tanuku, West Godavari District,, and pass IA 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 pleased to grant inerim stay of all further proceedings in H.M.O.P.No.63 of 2024 on the file of the Hon’ble Civil Judge (Senior Division), Kavali, SPSR Nellore District and pass Counsel for the Petitioner: 1.KANUKOLANU SRI SAI SANJAY Counsel for the Respondent: 1.SYED MUDASSIR RAHMAN The Court made the following: THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.265 of 2025 ORDER: When the matter was listed on the last occasion i.e., on 30.12.2025, there was no representation on behalf of the respondent and that the matter was adjourned to today i.e. 02.01.2026. 2. Today, when the matter is listed under the caption ‘For Orders’, there is no representation on behalf of the respondent. 3. 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 H.M.O.P.No.63 of 2024 on the file of the Civil Judge (Senior Division) Kavali, S.P.S.R. Nellore District and transfer the same to the file of the Civil Judge (Senior Division), Tanuku, West Godavari District, for trial and disposal of the same. 4. The case of the petitioner in brief is as follows: I. The petitioner is legally wedded wife of the respondent/husband and their marriage was solemnized on 04.02.2022, in the presence of both side elders and well-wishers at Avula Ramana Reddy Kalyana Mandapam, Kaligiri Village, S.P.S.R. Nellore District, as per the Hindu Rites and Caste Customs. After that, due to the matrimonial disputes between the spouses; the petitioner/wife has been residing separately and depending upon the mercy of her parents at Peravali Village, West Godavari District. The petitioner/wife further pleaded that in view of the harassment made by the respondent/husband herein she lodged a complaint against the respondent/husband dated 15.02.2024, which was registered as F.I.R.No.44 of 2024 for the offence punishable under Sections 498-A r/w 34 of I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Peravali Police Station, East Godavari District, after completion of investigation, Police laid a charge sheet and the same was numbered as C.C.No.888 of 2024 on the file of the I Additional Junior Civil Judge- cum-Judicial Magistrate of First Class, Tanuku, West Godavari District, the same is pending for adjudication. II. Learned counsel for the petitioner would further contend that with a view to cause inconvenience and to harass the petitioner/wife, the respondent/husband herein filed a divorce petition vide H.M.O.P.No.63 of 2024 on the file of the Civil Judge (Senior Division) Kavali, S.P.S.R. Nellore District, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. III. Learned counsel for the petitioner would further contend that the petitioner being a woman, has been residing separately and depending upon the mercy of her parents at Peravali Village, West Godavari District. The distance between Peravali Village, West Godavari District and Kavali S.P.S.R. Nellore District is approximately 350Kms and it is very difficult for her to travel to attend the divorce case proceedings which was filed by the respondent /husband herein before the Court at Kavali, S.P.S.R. Nellore District without any male assistance and that she was constrained to file the present petition against the respondent /husband herein, seeking for withdrawal of H.M.O.P.No.63 of 2024 on the file of the Civil Judge (Senior Division) Kavali, S.P.S.R. Nellore District and transfer the same 1(2000) 10 SCC 304 to the file of the Civil Judge (Senior Division), Tanuku, West Godavari District, for trial and disposal of the same. 5. Heard Mr. K. Sri Sai Sanjay, learned counsel for the petitioner. 6. Though the matter was listed under the caption ‘for orders’, there is no representation on behalf of the respondent. 7. Perused the material available on record. 8. The material on record prima facie shows that, in view of the matrimonial disputes between the spouses, the petitioner/wife has been residing separately in her parents’ house at Peravali Village, West Godavari District and she has filed a Criminal Case i.e., C.C.No.888 of 2024 on the file of the I Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Tanuku, West Godavari District, the same is pending for adjudication and the respondent is also attending the case proceedings before the competent Court at Tanuku. The material on record further discloses that the respondent/husband herein filed a divorce petition against the petitioner/wife vide H.M.O.P.No.63 of 2024 on the file of the Civil Judge (Senior Division) Kavali, S.P.S.R. Nellore District, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. 9. 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 2 2022 LiveLaw (SC) 627 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.” 10. 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.” 11. 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 than that of the inconvenience of the husband. Therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, seeking for withdrawal of H.M.O.P.No.63 of 2024 on the file of the Civil Judge (Senior Division) Kavali, S.P.S.R. Nellore District and transfer the same to the file of the Civil Judge (Senior Division), Tanuku, West Godavari District. 12. In the result, the present Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.63 of 2024 on the file of the Civil Judge (Senior Division) Kavali, S.P.S.R. Nellore District, is hereby withdrawn and transferred to the file of the Civil Judge (Senior Division) Tanuku, West Godavari District. The learned Civil Judge (Senior Division) Kavali, S.P.S.R. Nellore District, shall transmit the case record in H.M.O.P.No.63 of 2024, to the file of the Civil Judge (Senior Division), Tanuku, West Godavari 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: 02.01.2026 CVD