THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.355 of 2025 ORDER: Today, when the matter has been taken up for hearing, learned counsel for the petitioner has submitted that, proof of service Memo has been field before the Registry on 24.12.2025 vide U.S.R.No.152409 of 2025, along with the Postal Track Consignment Sheet downloaded from the Postal Department Website and the same has been placed on record. As per the Postal Track Consignment Sheet, the registered notice sent to the respondent and the same was served on 21.11.2025. 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 to withdraw the D.O.P.No.27 of 2025, on the file of learned Principal District Judge, Machilipatnam, Krishna District and transfer the same to the learned Judge, Family Court-cum-XIV Additional District and Sessions Judge, Vijayawada, for trial and disposal. 2 3. 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 05.07.2018 at RCM Church, Chinnakomaravolu Village, Pammaru Mandal, Krishna District, in the presence of both sides‟ elders as per Christian Rites, Ceremonies and Customs. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents‟ house at Machavaram, Vijayawada. The petitioner lodged a complaint on 20.03.2025 and the same is registered as F.I.R.No.101 of 2025, on the file of SHO, Machavaram Police Station, Vijayawada, under Sections 85 and 115(2) of Bharatiya Nyaya Sanhita, 2023. ii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed D.O.P.No.27 of 2025, on the file of learned Principal District Judge, Machilipatnam, Krishna, seeking for dissolution of the marriage under Section 10(1)(x) of Divorce Act, 1869, and the same is pending for adjudication. The petitioner further pleaded that it is very difficult for the petitioner/wife to appear before the learned Principal District Judge, Machilipatnam, Krishna, on each and every 3 adjournment without any male assistance, and that she is constrained to file this petition. 4. Heard Sri M.Kumar, learned counsel for the petitioner. 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 in her parents‟ house at Machavaram and depending upon the mercy of her parents. The material on record further discloses that the respondent/husband filed a divorce petition against the petitioner/wife vide D.O.P.No.27 of 2025, on the file of learned Principal District Judge, Machilipatnam, Krishna, seeking for dissolution of the marriage under Section 10(1)(x) of 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: “9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of 1(2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 4 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 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 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.27 of 2025, on the file of learned Principal District Judge, Machilipatnam, Krishna, to the file of learned Judge, Family Court-cum-XIV Additional District and Sessions Judge, Vijayawada. 10. In the result, the present Transfer Civil Miscellaneous Petition is allowed and D.O.P.No.27 of 2025, on the file of learned Principal District Judge, Machilipatnam, Krishna is hereby withdrawn and 5 transferred to the file of the learned Judge, Family Court-cum-XIV Additional District and Sessions Judge, Vijayawada. The learned Principal District Judge, Machilipatnam, Krishna, shall transmit the case record in D.O.P.No.27 of 2025, to the file of the learned Judge, Family Court-cum-XIV Additional District and Sessions Judge, Vijayawada, 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: 30.01.2026 MH 6 7 04 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.355 of 2025 Date: 30.01.2026 MH