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Date of reserved for orders : Date of pronouncement :29.06.2026 Date of uploading :03.07.2026 APHC010166372026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] MONDAY, THE 29th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 119/2026 Between:
1. N ANUSHA, W/O. ABHISHEK KUMAR REDDY, AGED ABOUT 31 YEARS, OCC HOUSEHOLD, R/O. D. NO. 6/3/67, RAMANAGAR, ANANTHAPURAM, PRESENTLY RESIDING AT D. NO. 26/159, K.V.R. COLONY, PRODDUTUR, KADAPA DISTRICT
...PETITIONER AND
1. ABHISHEK KUMAR REDDY, S/o. Neelakanta Reddy, Aged about 36 years, R/o. D. No. 6/3/67, Ramanagar, Ananthapuram,
...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 topleased to direct to withdrawal of FCOP No. 286 of 2025 pending on the file of the Learned Family Court
Judge, Ananthapuramu and transfer it to the Court of the Learned Family Court Judge, Proddutur and pass IA NO: 1 OF 2026 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 grant stay of all further proceedings in FCOP.No.286 of 2025, on the file of the Learned Family Court Judge, Ananthapuramu, pending disposal of the above Transfer Petition and pass Counsel for the Petitioner:
1. D VIGNESHWAR REDDY Counsel for the Respondent:
1. The Court made the following:
THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO
TRANSFER CIVIL MISCELLANEOUS PETITION No.119 of 2026
ORDER:
In pursuance of the orders of this Court, learned counsel for the petitioner sent notice to the learned counsel appearing on behalf of the respondent before the trial Court, and the same was duly served. A memo of Proof of service has been field before the Registry on 16.06.2026 vide U.S.R.No.60862 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 on record for the respondent before the trial Court and the same was served on 25.05.2026. 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 transfer the F.C.O.P.No.286 of 2025, on the file of learned Judge, Family Court, Ananthapuramu, to the file of learned Judge, Family Court, Proddatur, 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 21.08.2022 at Sai Function Hall, Ananthapuramu, as per Hindu Marriage customs and rituals. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife is residing at Proddatur in her parent’s house along with her minor son aged about 2 years. ii. The petitioner stated that she has filed a Maintenance Case vide M.C.No.13 of 2026 under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on the file of the learned I Additional Judicial Magistrate of First Class, Proddatur and the same is pending for adjudication. iii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed F.C.O.P.No.286 of 2025, on the file of learned Judge, Family Court, Anathapuramu, seeking dissolution of marriage under Section 13(1)(ia) of Hindu Marriage Act, 1955 and the same is pending for
adjudication. The petitioner further pleaded that it is very difficult for the petitioner/wife to appear before the learned Judge, Family Court, Anathapuramu, on each and every adjournment without any male assistance, and that she is constrained to file this petition. 4. Heard Sri D.Vigneshwar Reddy, 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 is residing separately at her parents’ house at Proddatur, along with her minor son aged about 2 years and depending upon the mercy of her parents.
The material on record further discloses that the respondent/husband filed a F.C.O.P.No.286 of 2025, on the file of learned Judge, Family Court, Anathapuramu, seeking dissolution of marriage under Section 13(1)(ia) of Hindu Marriage Act, 1955, the same is pending for adjudication. 7. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha1 held as follows:
1 2022 LiveLaw (SC) 627
“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.”
8. On considering the submissions made by the learned counsel for the petitioner and in view of the ratio laid down in the aforesaid case law 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.286 of 2025, on the file of learned Judge, Family
Court, Anathapuramu, to the learned Judge, Family Court, Proddatur. 9. In the result, the present Transfer Civil Miscellaneous Petition is allowed, and F.C.O.P.No.286 of 2025, on the file of learned Judge, Family Court, Anathapuramu, is hereby withdrawn and transferred to the file of the learned Senior Civil Judge, Proddatur.
The learned Judge, Family Court, Anathapuramu, shall transmit the case record in F.C.O.P.No.286 of 2025, to the file of learned Senior Civil Judge, Proddatur, 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: 29.06.2026 LSP Whether the order is: Speaking
Reasoned Yes Reportable
Non-reportable Yes