APHC010146242026 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: 96/2026 Between: 1. K. PRAVEENA,, D/O. K. NAGABHUSHANAM W/O. KALLACHANDRAMOULI, AGED 34 YEARS, R/O. 1-2045, PRAKASH NAGAR, BACK SIDE OF LIC OFFICE, NEAR VISWESWARAIAH CIRCLE, KADAPA ...PETITIONER AND 1. KALLA CHANDRAMOULI, S/o. K. Jacob ChennaKesavulu, Aged 38 Years, R/o. D.No. 1-233-B5-A, Sericulture Colony, Near Central Silk Board, Nakkaladinne, Madanapalli, Annamaiah District. ...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 order withdrawal of D.O.P.No. 429/2024 on the file of the Hon'ble Principal District Judge, Chittoor and transfer the same for trail and disposal to the court of III Additional District and Sessions Judge, Rajampet 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 grant stay of all further proceedings in D.O.P.No. 429/2024 on the file of the Hon‟ble Principal District Judge, Chittoor including the appearance of the petitioner pending disposal of the Transfer C.M.P Counsel for the Petitioner: 1. DIVYATHEJA GADIKOTA Counsel for the Respondent: 1. VENKATESWARA REDDY NANDIPATI The Court made the following: 3 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.96 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 to withdraw the D.O.P.No.429 of 2024, on the file of the learned Principal District Judge, Chittoor and transfer the same to the file of the learned III Additional District and Sessions Judge Court, Rajampet, 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 19.10.2016 at CSIJCM Church, Madanapalli. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately at Rajampet along with her male child aged about 3 years. ii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed D.O.P.No.429 of 2024, on the file of learned Principal District Judge, Chittoor, seeking for 4 restitution of conjugal rights under Sections 32 and 33 of the Divorce Act, 1869, and the same is pending for adjudication. The petitioner further pleaded that the distance between Rajampet and Chittoor is approximately 150kms, and that it is very difficult for the petitioner/wife to appear before the learned Principal District Judge, Chittoor, on each and every adjournment without any male assistance, and that she is constrained to file this petition. 3. Heard Mr.Divyateja Gadikota, learned counsel for the petitioner and Mr.Venkateswara Reddy Nandipati, learned counsel for the respondent. 4. Learned counsel for the respondent submits that he has no objection, to transfer the D.O.P.No.429 of 2024 from the learned Principal District Judge, Chittoor to the file of learned III Additional District and Sessions Judge, Rajampet and he also represented that some time limit may be fixed on the transferee Court for disposal of the D.O.P.No.429 of 2024 filed by the respondent/husband before the learned Principal District Judge, Chittoor. Learned counsel for the petitioner fairly conceded that 5 he has no objection, if this Court fixes a time limit on the transferee Court for early disposal of the case. 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 Rajampet along with her male child aged about 3 years. The material on record further discloses that the respondent/husband filed a restitution petition against the petitioner/wife vide D.O.P.No.429 of 2024, on the file of the learned Principal District Judge, Chittoor, seeking for restitution of conjugal rights under Sections 32 and 33 of the Divorce Act, 1869 and the same is 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 both the learned counsel 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 D.O.P.No.429 of 2024, on the file of learned Principal District Judge, Chittoor. 7 10 . In the result, the present Transfer Civil Miscellaneous Petition is allowed, and D.O.P.No.429 of 2024, on the file of learned Principal District Judge, Chittoor is hereby withdrawn and transferred to the file of the learned III Additional District and Sessions Judge Court, Rajampet. The learned Principal District Judge, Chittoor, shall transmit the entire case record in D.O.P.No.429 of 2024, to the file of the learned III Additional District and Sessions Judge Court, Rajampet, as expeditiously as possible, preferably within a period of one (01) week from the date of receipt of a copy of this order. The learned III Additional District and Sessions Judge, Rajampet, is directed to dispose of the D.O.P.No.429 of 2024 which was filed by the respondent/husband, which case is now under orders of transfer within six (6) months from the date of appearance of both the parties. Both the parties are directed to appear before the learned III Additional District and Sessions Judge, Rajampet on 13.07.2026 at 10:30A.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. _______________________________ 8 JUSTICE V. GOPALA KRISHNA RAO Date: 07.05.2026 LSP