APHC010607012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] THURSDAY,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 361/2025 Between: 1.DONTHIREDDY PRAVALLLIKA, W/O. DONTHIREDDY VEERA REDDY, D/O.YERRAM SAMBIREDDDY, AGED ABOUT 26 YEARS, OCC HOUSE WIFE, R/O. 5TH LANE, RTC COLONY, GUNTUR TOWN, GUNTUR DISTRICT ...PETITIONER AND 1.DONTHIREDDY VEERA REDDY, S/o.Lakshmi Reddy, Aged about 30 years, R/o.Peddareddypalem Village, Narasaraopet Mandal, Palanadu 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 the H.M.O.P.No.117 of 2023 on the file of Hon'ble Principal Senior Civil Judge Court AT Narasaraopet, to transfer the same to The Hon'ble Family Court Judge, At Guntur, Guntur District in the interest of justice 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 an order of interim stay of all further proceedings in H.M.O.P.No.117 of 2023 on the file of Hon’ble Principal Senior Civil Judge Court : AT Narasaraopet, pending disposal of the Tr. C.M.P. Counsel for the Petitioner: 1.BURLA SIVA RAMA KRISHNA Counsel for the Respondent: 1.K H V SIVA KUMAR The Court made the following: THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.361 of 2025 ORDER: When the matter was listed on the last occasion i.e. 04.02.2026, there is no representation on behalf of the respondent and the same was adjourned to 05.02.2026. 2. Today also, 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 for withdrawal of H.M.O.P.No.117 of 2023 on the file of the Principal Senior Civil Judge Court at Narasaraopet, Palnadu District and transfer the same to the file of the Judge, Family Court, Guntur, 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 28.11.2021, at Sudulaguntla Vari Kalyanamandapam at Peddaredyy Palem Village, in the presence of relatives and well-wishers, as per the Hindu Rites and Caste Customs. Thereafter, due to the matrimonial disputes between the spouses; the petitioner/wife has been residing separately and depending upon the mercy of her parents at Guntur. The petitioner/wife further pleaded that in view of the harassment made by the respondent/husband herein she lodged a complaint which was registered as Crime No.451 of 2022, for the offences punishable under Section 498-A of IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961, before the Old Guntur Police Station, after completion of investigation, Police laid charge sheet and the same was numbered as C.C.No.1187 of 2023 on the file of the VI Additional Junior Civil Judge, Guntur. She also filed two (02) other cases against the respondent/husband herein i.e., Maintenance Case vide F.C.O.P.(MC)No.715 of 2022 on the file of the Judge, Family Court, Guntur, under Section 125 of Cr.P.C., seeking maintenance from the respondent/husband and Domestic Violence Case vide D.V.C.No.30 of 2023 on the file of the VI Additional Magistrate, Guntur, all the aforesaid cases are pending for adjudication. 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.117 of 2023 on the file of the Principal Senior Civil Judge Court at Narasaraopet, Palnadu District, under Section 13(1)(ia)(iii) 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 Guntur 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 Narasaraopeta 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.117 of 2023 on the file of the Principal Senior Civil Judge Court at Narasaraopet, Palnadu District and transfer the same to the file of the Judge, Family Court, Guntur, for trial and disposal of the same. 5. Heard Ms. Burla Siva Rama Krishna, learned counsel for the petitioner. 6. Though the matter is 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 goes to shows that, in view of the matrimonial disputes between the spouses, the petitioner/wife herein has been 1(2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 residing separately in her parents’ house and depending upon the mercy of her parents at Guntur and she instituted three (03) cases against the respondent/husband viz., C.C.No.1187 of 2023 on the file of the VI Additional Junior Civil Judge, Guntur, Maintenance Case vide F.C.O.P.(MC)No.715 of 2022 on the file of the Judge, Family Court, Guntur, under Section 125 of Cr.P.C., seeking maintenance from the respondent/husband and Domestic Violence Case vide D.V.C.No.30 of 2023 on the file of the VI Additional Magistrate, Guntur, all the aforesaid cases are pending for adjudication and the respondent/husband is also attending the case proceedings before the competent Courts at Guntur. 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.117 of 2023 on the file of the Principal Senior Civil Judge Court at Narasaraopet, Palnadu District, under Section 13(1)(ia)(iii) 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 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 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.117 of 2023 on the file of the Principal Senior Civil Judge Court at Narasaraopet, Palnadu District and transfer the same to the file of the Judge, Family Court, Guntur. 12. In the result, the present Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.117 of 2023 on the file of the Principal Senior Civil Judge Court at Narasaraopet, Palnadu District, is hereby withdrawn and transferred to the file of the learned Judge, Family Court, Guntur. The learned Principal Senior Civil Judge, Narasaraopet, Palnadu District, shall transmit the entire case record in H.M.O.P.No.117 of 2023, to the file of the learned Judge, Family Court, Guntur, 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: 05.02.2026 CVD/JLSR