1 APHC010668542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 412/2025 Between: 1. R.S.V. MANASWI, D/O. R.SURESH KUMAR, AGED ABOUT 28 YEARS, OCC. PRIVATE EMPLOYEE R/O. FLAT NO. 204, PADMAVATHI TOWERS, ROYAL NAGAR, TIRUPATHI, TIRUPATHI DISTRICT, ANDHRA PRADESH - 517501. ...PETITIONER AND 1. GOUTAM SAHU, S/o. Jagannath Sahu, Aged about 32 years, Occ. Private Employee, R/o. D. No. 15-1-91/1, Kaspa Street, Ichapuram Srikakulam District-532312. ...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. 101 of 2025 pending on the file of Hon'ble Civil Judge (Senior Division) Sompeta and transfer the same to Family court at Tirupathi 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 VGKR, J Tr.C.M.P.No.412 of 2025 Dated 28.01.2026 2 pleased to grant stay all further proceedings in H.M.O.P. No. 101 of 2025 pending on the file of Hon’ble Civil Judge (Senior Division) : Sompeta pending disposal of the Main TRCMP and pass Counsel for the Petitioner: 1. V NITESH Counsel for the Respondent: 1. The Court made the following: VGKR, J Tr.C.M.P.No.412 of 2025 Dated 28.01.2026 3 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.412 of 2025 ORDER: The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908 seeking for withdrawal of H.M.O.P.No.101 of 2025, on the file of the Civil Judge (Senior Division), Sompeta, and transfer the same to the file of the learned Judge, Family Court, Tirupathi, for trail and disposal of the same. 2. The case of the petitioner in brief is as follows: i) The petitioner is the wife of the respondent and the marriage of the petitioner with the respondent was solemnized on 18.08.2024, at Ichapuram, as per their Caste Customs. After that, due to the matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents’ house at Tirupathi. ii) The petitioner/wife further pleaded that with a view to cause inconvenience to her, the respondent/husband had filed a petition vide H.M.O.P.No.101 of 2025, on the file of the Civil Judge (Senior Division), Sompeta, under Sections 11 and 12 of the Hindu Marriage Act, 1955, seeking declaration of the marriage held in between petitioner and respondent as null and void. She further pleaded that petitioner herein instituted F.C.O.P No.253 VGKR, J Tr.C.M.P.No.412 of 2025 Dated 28.01.2026 4 of 2025 before Family Court-Cum-V Additional District Judge Court, Tirupathi under section 9 of Hindu marriage Act, 1955, seeking restitution of conjugal rights 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 in her parents’ house and depending upon the mercy of her parents at Tirupathi and the distance between Sompeta and Tirupathi is approximately more than 800Kms, it is very difficult for her to travel to attend the case proceedings which was filed by the respondent/husband, before the Court at Sompeta 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.101 of 2025 on the file of the Civil Judge (Senior Division), Sompeta, and transfer the same to the file of the Judge, Family Court, Tirupathi, for trial and disposal of the same. 3. Though notice has been served on respondent, none appeared for the respondent. Heard Sri V.Nitesh, learned counsel for the petitioner. 4. Perused the material available on record. 5. The material on record prima facie goes to show that, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately in her parents’ house at Tiruptahi. The material on record VGKR, J Tr.C.M.P.No.412 of 2025 Dated 28.01.2026 5 further reveals that the respondent/husband has instituted a petition against the petitioner/wife herein i.e., H.M.O.P.No.101 of 2025, on the file of the learned Civil Judge (Senior Division), Sompeta, under Sections 11 and 12 of the Hindu Marriage Act, 1955, seeking a relief of declaration that the marriage held between petitioner and respondent as null and void, the same is pending for adjudication. 6. 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.= 7. The Apex Court in a case of N.C.V. AISHWARYA VS A.S. SARAVANA KARTHIK SHA2, held as follows: <9. The cardinal principles 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 1(2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 VGKR, J Tr.C.M.P.No.412 of 2025 Dated 28.01.2026 6 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 appearing for the petitioner and in view of the ratio laid down by 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 and on considering the facts and circumstances of the present case. Though notice has been served on the respondent, none appeared for respondent and did not make any objections before this court in the present Transfer Civil Miscellaneous Petition. 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.101 of 2025 on the file of the Civil Judge (Senior Division), Sompeta, and transfer the same to the file of the Judge, Family Court, Tirupathi. 12. In the result, the Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.101 of 2025 on the file of the Civil Judge (Senior Division), Sompeta, is hereby withdrawn and transferred to the file of the Judge, Family Court, Tirupathi. The learned Civil Judge (Senior Division), Sompeta, shall transmit the case record in H.M.O.P.No.101 of 2025, to the file of the Judge, Family Court, Tirupathi, duly indexed as expeditiously as possible preferably VGKR, J Tr.C.M.P.No.412 of 2025 Dated 28.01.2026 7 within a period of two (02) weeks from the date of receipt of a copy of the 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: 28.01.2026 SSA/CMK