APHC010581502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 345/2025 Between: 1.SMT TIRUMURU BHUVANESWARI, SMT. TIRUMURU BHUVANESWARI W/O. T.RAM PRAVEEN KUMAR, D/O. TIRUMURU VENKATARAMANAIAH, HINDU, AGED ABOUT 26 YEARS, OCC HOUSEHOLD, R/O. PADHMANADHA SATRAM,TALAMANCHI VILLAGE, KODAVALURU MANDAL, SPSR NELLORE DISRICT. ...PETITIONER AND 1.SRI THIRUVALLURU RAM PRAVEEN KUMAR, Sri Thiruvalluru Ram Praveen Kumar S/o. Late Molakaiah, Hindu, aged about 38 years, Occ Lecturer, R/o. D.No. 4-19, Sai Nagar, Srinivasapuram Road,near Sai Baba Temple, Tirupati Rural Tirupati District. Address known to petitioner Cherlopalli Circle, Suneel Towers Apartment, 2nd Floor, Tirupathi, Tirupati 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 withdraw and transfer H.M.O.P. No. 28 of 2025 pending on the file of the Honble Principal Senior Civil Judge, Tirupati to the Honble Principal Senior Civil Judge, Kovur, SPSR Nellore 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 stay all further proceedings in H.M.O.P. No. 28 of 2025 pending on the file of the Hon'ble Principal Senior Civil Judge, Tirupati, including appearance of the petitioner pending disposal of the present Transfer Petition and pass Counsel for the Petitioner: 1.K PALLAVI Counsel for the Respondent: 1. The Court made the following: THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.345 of 2025 ORDER: Today, when the matter was taken up for hearing, Ms. K.Pallavi, learned counsel for the petitioner submitted that she had filed proof of service Memo before the Registry on 28.01.2026 vide U.S.R.No.9571 of 2026, it shows that the registered notice sent to the respondent and the same was returned with an endorsement “no such addressee”. As per the orders of this Court dated 09.12.2025, notice sent to the learned counsel on record appearing for the respondent before the trial Court and the same was served. Despite service of notice, there is no representation on behalf of respondent. Therefore, ‘service 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 for withdrawal of H.M.O.P.No.28 of 2025 on the file of the Principal Senior Civil Judge, Tirupathi and transfer the same to the file of the Principal Senior Civil Judge, Kovvur, S.P.S.R. Nellore District, for trial and disposal of the same. 3. 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 23.05.2019, at TTD Kalyana Mandapam, Dargamitta, Nellore, in the presence of relatives and well-wishers, as per the Hindu Rites and Caste Customs. During their wedlock, petitioner/wife and the respondent/husband were blessed with a male child. Thereafter, due to the matrimonial disputes between the spouses; the petitioner/wife has been residing separately along with her female child and depending upon the mercy of her parents at Talamanchi Village, Kodavalruru Mandal, S.P.S.R. Nellore District. The petitioner/wife further pleaded that in view of the harassment made by the respondent/husband herein she lodged a complaint on 12.06.2025, which was registered as F.I.R.No.74 of 2025, for the offences punishable under Section 85 of B.N.S. Act, 2023 and Sections 3 & 4 of Dowry Prohibition Act, 1961, before the Disha Police Station, Nellore, the same is pending for investigation. II. The petitioner/wife further pleaded that with a view to cause inconvenience and to harass her, the respondent/husband herein had filed a divorce petition vide H.M.O.P.No.28 of 2025 on the file of the Principal Senior Civil Judge, Tirupathi, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is pending for adjudication. III. Learned counsel for the petitioner would further contend that the petitioner being a woman, has been residing separately along with her child and depending upon the mercy of her parents at Talamanchi Village, the distance between Talamanchi and Tirupathi is more than 150Kms and it is very difficult for the petitioner/wife to travel to attend the divorce case proceedings which was filed by the respondent/husband before the Court at Tirupathi without any male assistance and that she was constrained to file the present petition against the respondent/husband, seeking for withdrawal of H.M.O.P.No.28 of 2025 on the file of the Principal Senior Civil Judge, Tirupathi and transfer the same to the file of the Principal Senior Civil Judge, Kovvur, S.P.S.R. Nellore District, for trial and disposal of the same. 4. Heard Ms. K. Pallavi, learned counsel for the petitioner. 1(2000) 10 SCC 304 5. The registered notice sent to the learned counsel appearing for the respondent before the trial Court was duly served. Though notice has been served, there is no representation on behalf of respondent. Therefore, ‘service is held sufficient’. 6. Perused the material available on record. 7. The material on record prima facie goes to shows that, in view of the matrimonial disputes between the spouses, the petitioner/wife herein has been residing separately along with her child in her parents’ house and depending upon the mercy of her parents at Talamanchi Village and she lodged a complaint against the respondent/husband herein, dated 12.06.2025, which was registered as F.I.R.No.74 of 2025, for the offence punishable under Sections 85 of B.N.S. Act, 2023 and Sections 3 & 4 of Dowry Prohibition Act, 1961, before the Disha Police Station, Nellore, the same is pending for investigation. The material on record further discloses that the respondent/husband herein had filed a divorce petition against the petitioner/wife vide H.M.O.P.No.28 of 2025 on the file of the Principal Senior Civil Judge, Tirupathi, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is pending for adjudication. 8. 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.” 9. 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.” 10. 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 caused to 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.28 of 2025 on the file of the Principal Senior Civil Judge, Tirupathi and transfer the same to the file of the Senior Civil Judge, Kovvur, S.P.S.R. Nellore District. 11. In the result, the present Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.28 of 2025 on the file of learned Principal Senior Civil Judge, Tirupathi, is hereby withdrawn and transferred to the file of the learned Senior Civil Judge, Kovvur, S.P.S.R. Nellore District. The learned Principal Senior Civil Judge, Tirupathi, shall transmit the entire case record in H.M.O.P.No.28 of 2025 to the file of the learned Senior Civil Judge, Kovvur, S.P.S.R. Nellore 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: 29.01.2026 CVD