THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.140 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.1339 of 2024 on the file of the learned Family Court at Visakhapatnam to the file of the learned Senior Civil Judge’s Court, Rajam, Srikakulam 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 28.04.2017 as per Hindu rites and traditions at Sri Satya Kalyana Mandapam, Srikakulam. Out of their wedlock, they were blessed with a female child on 10.05.2018. 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 Vizianagaram. ii. The petitioner submitted that she had filed H.M.O.P.No.71 of 2024 on the file of learned Senior Civil Judge, Rajam, Srikakulam District, seeking restitution of conjugal rights, under Section 9 of the Hindu Marriage Act, 1955 and also filed a maintenance case vide M.C.No.7 of 2024 on the file of the learned Judicial Magistrate of First 2 (VGKR,J TR.C.M.P.NO.140 OF 2026) Class, Rajam, under Section 125 of the Code of Criminal Procedure, 1973, and the same are pending adjudication. iii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed F.C.O.P.No.1339 of 2024 on the file of the learned Judge, Family Court at Visakhapatnam, under Section 13(1) (ia) of the Hindu Marriage Act, 1955, seeking dissolution of marriage 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 F.C.O.P.No.1339 of 2024, on the file of the learned Judge, Family Court, Visakhapatnam, on each and every adjournment without any male assistance and that she is constrained to file the present transfer petition. 3. Heard Sri Gopala Krishna Gorle, learned counsel for the petitioner. 4. As per Registry endorsement, notice sent to the respondent was served. 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 Vizianagaram along with her minor child at her parents’ house. The material on record further discloses that the 3 (VGKR,J TR.C.M.P.NO.140 OF 2026) respondent/husband filed F.C.O.P.No.1339 of 2024 on the file of the learned Judge, Family Court, Visakhapatnam, seeking dissolution of marriage under Section 13(1) (ia) of the Hindu Marriage Act, 1955 and the same is pending adjudication. The material on record further discloses that the petitioner had filed H.M.O.P.No.71 of 2024 on the file of learned Senior Civil Judge, Rajam, Srikakulam District, seeking restitution of conjugal rights, under Section 9 of the Hindu Marriage Act, 1955 and also filed a maintenance case vide M.C.No.7 of 2024 on the file of the learned Judicial Magistrate of First Class, Rajam, under Section 125 of the Code of Criminal Procedure, 1973, and the same are pending adjudication. 8. 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.” 9. 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 1(2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 4 (VGKR,J TR.C.M.P.NO.140 OF 2026) 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.” 10. 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.1339 of 2024 on the file of the learned Judge, Family Court, Visakhapatnam, to the file of the learned Senior Civil Judge’s Court, Rajam, Srikakulam District. 11. In the result, the present Transfer Civil Miscellaneous Petition is allowed, and F.C.O.P.No.1339 of 2024 on the file of the learned Judge, Family Court, Visakhapatnam, is hereby withdrawn and transferred to the file of the learned Senior Civil Judge’s Court, Rajam, Srikakulam District. The learned Judge, Family Court, Visakhapatnam shall transmit the case record in F.C.O.P.No.1339 of 2024, to the file of the learned Senior Civil Judge’s Court, 5 (VGKR,J TR.C.M.P.NO.140 OF 2026) Rajam, Srikakulam District, 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: 16.06.2026 RPD. 6 (VGKR,J TR.C.M.P.NO.140 OF 2026) 35 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO (ALLOWED) TRANSFER CIVIL MISCELLANEOUS PETITION No.140 of 2026 Date : 16.06.2026 RPD. 7 (VGKR,J TR.C.M.P.NO.140 OF 2026)