APHC010685152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] TUESDAY,THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 421/2025 Between: 1. SMT. MARTUR LAKSHMI GAYATHRI,, W/O KARAVADI VENKATA KRISHNA RAJU, D/O MARTUR RAMA KOTESWARA RAO, AGED ABOUT 44 YEARS, D.NO.8-359, MANGAMURU ROAD, OPP NARAYANA PUBLIC SCHOOL, ONGOLE, PRAKASAM DISTRICT. ...PETITIONER AND 1. KARAVADI VENKATA KRISHNAM RAJU, S/o Late K.V. Subramanyam, Aged about 51 years, Occ Deputy Manager, SBI, Mungambakam, Chennai, R/o H.No. 7-17, BJP Colony, Near Ganapathy Temple Buja Buja Nellore ( Rural), SPSR Nellore 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 toprayed that, this Honble Court is pleased to transfer the F.C.O.P.No.333 of 2025 on the file of the Honble Family Court, Nellore, to the Honble Family Court, Ongole, and pass such 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 of all further proceedings in the F.C.O.P.No.333 of 2025 on the file of the Hon‟ble Family Court, Nellore, in the interest of justice. 2 Counsel for the Petitioner: 1. P MALLIKHARJUNA RAO Counsel for the Respondent: 1. PUPPALA SRINIVASA RAO The Court made the following: 3 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.421 of 2025 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 transfer the F.C.O.P.No.333 of 2025, on the file of learned Judge, Family Court, Nellore, to the file of learned Judge, Family Court, Ongole, 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 24.02.1999 at Vemuirivari Kalyana Mandapam near Shivalayam, Court Centre Area, Ongole, as per Hindu rites and customs. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately in her father‟s house at Ongole along with her younger daughter aged about 22 years. ii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed F.C.O.P.No.333 of 2025, on the file of learned Judge, Family Court, Nellore, seeking for dissolution of the marriage under Section 13(1) (ia) (ib) of Hindu Marriage Act, 1955 and the same is pending for adjudication. The petitioner further pleaded that the distance between Nellore and Ongole is approximately 150 kms and that it 4 is very difficult for the petitioner/wife to appear before the learned Judge, Family Court, Nellore, on each and every adjournment without any male assistance, and that she is constrained to file this petition. 3. Heard learned counsel for the petitioner. 4. Though the matter is listed under the caption for orders today, none represented for the respondent. 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 father‟s house at Ongole along with her younger daughter and depending upon the mercy of her father. The material on record further discloses that the respondent/husband filed a divorce petition against the petitioner/wife vide F.C.O.P.No.333 of 2025, on the file of learned Judge, Family Court, Nellore, seeking for dissolution of the marriage under Section 13(1) (ia) (ib) of Hindu Marriage Act, 1955 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.” 1(2000) 10 SCC 304 5 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 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 F.C.O.P.No.333 of 2025, on the file of learned Judge, Family Court, Nellore, to the file of learned Judge, Family Court, Ongole. 10. In the result, the present Transfer Civil Miscellaneous Petition is allowed, and F.C.O.P.No.333 of 2025, on the file of learned Judge, Family Court, Nellore is hereby withdrawn and transferred to the file of the learned 2 2022 LiveLaw (SC) 627 6 Judge, Family Court, Ongole. The learned Judge, Family Court, Nellore, shall transmit the case record in F.C.O.P.No.333 of 2025, to the file of learned Judge, Family Court, Ongole, 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: 31.03.2026 MH 7 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO 5 TRANSFER CIVIL MISCELLANEOUS PETITION No.421 of 2025 Date: 31.03.2026 MH