THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.91 of 2026 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 withdraw F.C.O.P.No.1676 of 2023 on the file of the Family Court-cum-V Additional District Judge, Visakhapatnam to the file of the Family Court-cum-IX Additional District and Sessions Judge, Rajamahendravaram, East Godavari District 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 30.05.2013 at Rajamahendravarm, as per Hindu Marriage customs and rituals and they were blessed with a son and daughter aged about 11 and 9 years respectively. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately at Rajamahendravarm in her parents‟ house along with her children. ii. The petitioner pleaded that she filed F.C.O.P.No.152 of 2023, on the file of the Family Court-cum-IX Additional District Judge, Rajamahendravarm, seeking maintenance under Section 125 of the Code of Criminal Procedure and the same is pending adjudication. iii. The petitioner further pleaded that the respondent/husband, filed F.C.O.P.No.1676 of 2023, seeking dissolution of marriage, under Section 13(1) (ia) of the Hindu Marriage Act, 1955 on the file of the Family Court-cum-V Additional District Judge, Visakhapatnam, and the same is pending adjudication. The petitioner further pleaded the distance between Rajamahendravarm and Visakhapatnam is approximately 200 kms and it is very difficult for the petitioner/wife to appear before the learned Judge, Family Court at Visakhapatnam on each and every adjournment without any male assistance, and that she is constrained to file this petition. 3. Heard Sri T.V. Jaggi Reddy, learned counsel for the petitioner and Sri Ch. Murali Krishna, learned counsel for the respondent. 4. The respondent filed a counter-affidavit denying the material allegations raised in the affidavit of the petitioner. The learned counsel for the respondent argued that there are no merits in the transfer petition and that the transfer petition may be dismissed. 5. Perused the material available on record. 6. The learned counsel for the petitioner represented that the petitioner is staying at Rajamahedravaram along with her children at her parents‟ house and the children are prosecuting their studies at Rajamahendravaram. The learned counsel for the petitioner also contended that the petitioner has filed F.C.O.P.No.152 of 2023, on the file of the Family Court-cum-IX Additional District and Sessions Judge, Rajamahendravaram, seeking maintenance from the respondent and the said case has been listed on 28.07.2026. 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 Sha2held 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 ratio laid down in the aforesaid case laws and considering the facts and circumstances of the case, this Court is of 1(2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 considered view that, in matrimonial proceedings, the convenience of the wife has to be taken into consideration rather than the inconvenience caused to the husband. Furthermore, the petitioner/ wife has been residing at Rajamahendravaram along with children and the said children are prosecuting studies at Rajamahendravarm and that it is very difficult for petitioner/ wife to appear before the Family Court at Visakhapatnam on each and every adjournment and that it is a fit case to withdraw the F.C.O.P.No.1676 of 2023 on the file of the Family Court-cum-V Additional District Judge, Visakhapatnam and transfer the same to the file of the Family Court-cum-IX Additional District and Sessions Judge, Rajamahendravaram, East Godavari District. 10. 10. In the result, the present Transfer Civil Miscellaneous Petition is allowed, and F.C.O.P.No.1676 of 2023 on the file of the Family Court-cum-V Additional District Judge, Visakhapatnam is hereby withdrawn and transferred to the file of the Family Court-cum-IX Additional District and Sessions Judge, Rajamahendravaram. The learned Judge, Family Court-cum-V Additional District Judge, Visakhapatnam, shall transmit the entire case record in F.C.O.P.No.1676 of 2023, to the file of the Family Court-cum-IX Additional District and Sessions Judge, Rajamahendravaram as expeditiously as possible, preferably within a period of one (01) week from the date of receipt of a copy of this order. Both the parties are hereby directed to appear before the learned Judge, Family Court-cum-IX Additional District and Sessions Judge, Rajamahendravaram at 10:30 a.m. on 28.07.2026. There shall be no order as to costs. Registry is hereby instructed to transmit the copy of this order to the concerned Courts forthwith. 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: 15.06.2026 Note: Issue CC by 17.06.2026 B/o. JLSR 37 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.91 of 2026 Date: 15.06.2026 Note: Issue CC by 17.06.2026 B/o. JLSR