THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.2 of 2026 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 25.02.2026 vide U.S.R.No.24635 of 2026, 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 learned counsel appearing on behalf of the respondent, before the trial Court and the same was served on 09.02.2026. 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 H.M.O.P.No.129 of 2024, on the file of Family Court, Srikakulam, and transfer the same to the file of learned V Additional District Judge-cum-Family Court, Visakhapatnam, for trial and disposal. 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 19.04.2014 at Varam Residency, Srikakulam, as per Hindu 2 Marriage customs and rituals. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife along with her minor daughter has been residing separately in her parents’ house at Visakhapatnam. The petitioner lodged a complaint, registered as F.I.R.No.161 of 2025, before the Mahila Urban Police Station, Visakhapatnam, under Section 85 Bharatiya Nyaya Sanhita, 2023 and Sections 3 & 4 of Dowry Prohibition Act. The petitioner filed F.C.O.P.No.1984 of 2025, on the file of Family Court-cum-V Additional District Judge Court, Visakhapatnam, under Section 144 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking maintenance from the respondent herein. She also got filed F.C.O.P.No.1606 of 2025, on the file of Hon’ble Family Court-cum-V Additional District Judge Court, Visakhapatnam, under Section 9 of Hindu Marriage Act, seeking restitution of conjugal rights and also got filed D.V.C.No.146 of 2025, on the file of learned VII Additional Metropolitan Magistrate Court, Visakhapatnam, under the Protection of Women from Domestic Violence Act, 2005, against the respondent and his family members and the same are pending for adjudication. ii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed F.C.O.P.No.129 of 2024, on the file of Family 3 Court, Srikakulam, under Section 13 (I) (ia) (ib), of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is pending for adjudication. The petitioner further pleaded that the distance between Visakhapatnam and Srikakulam is approximately 100 kms, and that it is very difficult for the petitioner/wife to appear before the learned Judge, Family Court, Srikakulam, on each and every adjournment without any male assistance, and that she is constrained to file this petition. 4. Heard Sri Yellati Naga Srinivas, 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 along with her minor daughter has been residing separately in her parents’ house at Visakhapatnam. The material on record further discloses that the respondent/husband filed a divorce petition against the petitioner/wife vide F.C.O.P.No.129 of 2024, on the file of Family Court, Srikakulam, under Section 13 (I) (ia) (ib), of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage, and the same is pending for adjudication. The material on record further disclosed that the petitioner filed F.C.O.P.No.1984 of 2025, on the file of learned Judge, Family Court-cum-V Additional District Judge, Visakhapatnam, seeking maintenance and F.C.O.P.No.1606 of 2025, on the file of 4 Hon’ble Family Court-cum-V Additional District Judge Court, Visakhapatnam, seeking restitution of conjugal rights and D.V.C.No.146 of 2025 on the file of learned VII Additional Metropolitan Magistrate Court, Visakhapatnam and the same are 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 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.” 1(2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 5 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.129 of 2024 on the file of Family Court, Srikakulam. 10. 10. In the result, the present Transfer Civil Miscellaneous Petition is allowed, and F.C.O.P.No.129 of 2024 on the file of Family Court, Srikakulam, is hereby withdrawn and transferred to the file of the learned V Additional District Judge-cum-Family Court, Visakhapatnam. The learned Judge, Family Court, Srikakulam, shall transmit the entire case record in F.C.O.P.No.129 of 2024, to the file of learned V Additional District Judge-cum-Family Court, Visakhapatnam, 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: 26.02.2026 JLSR/MH