THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.40 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 H.M.O.P.No.151 of 2025 on the file of the learned Senior Civil Judge, Gudur to the file of the learned Judge, Additional Family Court-cum-V Additional District Judge’s Court, Visakhapatnam, 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 26.05.2021 as per Hindu rites and traditions at Visakhapatnam. Out of their wedlock, they were blessed with a male child. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately along with the minor child at her parents’ house in Visakhapatnam. ii. The petitioner submitted that she had filed a maintenance case vide F.C.O.P.No.135 of 2026 on the file of learned Judge, Additional Family Court-cum-V Additional District Judge’s Court, Visakhapatnam, and the same is pending adjudication. 2 (VGKR,J TR.C.M.P.NO.40 OF 2026) iii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed H.M.O.P.No.151 of 2025 on the file of the learned Judge, Senior Civil Judge, Gudur, under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights and the same is pending adjudication. The petitioner further pleaded that it is very difficult for the petitioner/wife to attend the case proceedings in H.M.O.P.No.151 of 2025, on the file of the learned Senior Civil Judge, Gudur, on each and every adjournment without any male assistance and that she is constrained to file the present transfer petition. 3. Heard Sri Reddy Venkata Ramana, learned counsel for the petitioner. 4. As per the Memo of Proof of Service filed along with the postal tracking consignment details, the notice sent to the respondent was duly served on 04.04.2026. 5. Today, there is no representation for the respondent. 6. Perused the material available on record. 7. The material on record prima-facie shows that, in view of the matrimonial disputes between the parties, the petitioner/wife has been residing separately at Visakhapatnam along with her minor child at her parents’ house. The material on record further discloses that the respondent/husband filed H.M.O.P.No.151 of 2025 on the file of the 3 (VGKR,J TR.C.M.P.NO.40 OF 2026) learned Senior Civil Judge, Gudur, seeking restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 and the same is pending adjudication. The material on record further discloses that the petitioner had filed a maintenance case vide F.C.O.P.No.135 of 2026 on the file of learned Judge, Additional Family Court-cum-V Additional District Judge’s Court, Visakhapatnam, and the same is pending adjudication. 8. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha1 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 1 2022 LiveLaw (SC) 627 4 (VGKR,J TR.C.M.P.NO.40 OF 2026) 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 H.M.O.P.No.151 of 2025 on the file of the learned Senior Civil Judge, Gudur, to the file of the learned Judge, Additional Family Court-cum-V Additional District Judge’s Court, Visakhapatnam. 10. In the result, the present Transfer Civil Miscellaneous Petition is allowed, and H.M.O.P.No.151 of 2025 on the file of the learned Senior Civil Judge, Gudur, is hereby withdrawn and transferred to the file of the learned Judge, Additional Family Court-cum-V Additional District Judge’s Court, Visakhapatnam. The learned Senior Civil Judge, Gudur shall transmit the case record in H.M.O.P.No.151 of 2025, to the file of the learned Judge, Additional Family Court-cum-V Additional District Judge’s Court, Visakhapatnam, as expeditiously as possible, preferably within a period of one (01) week 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: 17.06.2026 RPD. 5 (VGKR,J TR.C.M.P.NO.40 OF 2026) 19 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO (ALLOWED) TRANSFER CIVIL MISCELLANEOUS PETITION No.40 of 2026 Date : 17.06.2026 RPD.