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2026 DAILYLAW 3932 (AP)

Athoor Sujana, v. Athoor Ramakrishna Reddy,

TRCMP/165/2026 · 2026-06-21

Venuthurumalli Gopala Krishna Rao

body2026

Judgment text

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1 Date of reserved for orders : Date of pronouncement :22.06.2026 Date of uploading : 29.06.2026 APHC010259402026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] MONDAY, THE 22nd DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 165/2026 Between: 1. ATHOOR SUJANA,, W/O. ATHOOR RAMAKRISHNA REDDY, D/O. THIRUMERLA SUNDARARAMI REDDY, AGED ABOUT 44 YEARS. HOMEMAKER, R/O. D.NO. 103, 2ND FLOOR, NAMASWINI APARTMENTS, SAL NAGAR, BESIDE RAIN PARK HOTEL, SULLURPET, TIRUPATI DISTRICT-524121. ...PETITIONER AND 1. ATHOOR RAMAKRISHNA REDDY, S/o. Athoor Adikesavulu Reddy, Aged about 45 years. Private Employee, R/o. D.No. 5-70/1, Biata Kodieumbedu Village and Post, Nagalapuram Mandal, Tirupati District, at present residing at D.No. 23, Manikanta Buildings, Ramakrishna Layout, 10th Cross, Ramamurthy Nagar, Main Road, Bangalore, Karnakata State-560016. ...RESPONDENT 2 VGKR,J TR.C.M.P.NO.165 OF 2026 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 withdraw the G.O.P. No. 10 of 2025 on the file of VII Additional District Judge, Gudur, Tirupati District and transfer the same to the XII Additional District Judge, Srikalahasti, Tirupati District for trial and disposal in accordance with law 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 stay all proceedings in G.O.P. No. 10 of 2025 on the file of VII Additional District Judge, Gudur, Tirupati District, pending disposal of the above Transfer Civil Miscellaneous petition Counsel for the Petitioner: 1. CHAMARTHY LEELA SRINNIVASA VARMA Counsel for the Respondent: 1. HARINATH REDDY SOMA The Court made the following: 3 VGKR,J TR.C.M.P.NO.165 OF 2026 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.165 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 withdrawal of G.O.P.No.10 of 2025, on the file of learned VII Additional District Judge, Gudur, Nellore District, and to transfer the same to the file of learned XII Additional District Judge, Srikalahasti, Tirupati 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 03.09.2010 at Sullurpeta, as per Hindu rites and caste customs. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife is residing separately at Sullurupeta within the territorial jurisdiction of learned VII Additional District Judge, Gudur, along with her two children. ii. The petitioner/wife further pleaded that, with a view to cause inconvenience to her, the respondent/husband 4 VGKR,J TR.C.M.P.NO.165 OF 2026 filed a divorce petition vide H.M.O.P.No.5 of 2025, on the file of learned Senior Civil Judge, Srikalahasti, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking dissolution of marriage, and the same is pending for adjudication. The respondent/husband filed G.O.P.No.10 of 2025 on the file of learned VII learned Additional District Judge, Gudur, for custody of both the children and also filed I.A.No.47 of 2025 for interim custody of children. The petitioner herein filed counters in G.O.P.No.10 of 2025 as well as in I.A.No.47 of 2025. The I.A.No.47 of 2025 was allowed by the Court. The G.O.P.No.10 of 2025 is pending before the learned VII Additional District Court, Gudur. iii. The petitioner/wife further pleaded that the distance between Sullurupeta to Gudur is approximately more than 60kms and Sullurupeta to Srikalahasti is approximately 30kms by roadway and it is very difficult for the petitioner/wife to appear before the court at Gudur, on each and every adjournment without any male assistance, and that she is constrained to file this petition. 5 VGKR,J TR.C.M.P.NO.165 OF 2026 3. Learned counsel for the respondent contended that both the children are residing within the territory of the VII learned Additional District Judge, Gudur, before which Court the G.O.P.No.10 of 2025 is filed by the respondent seeking custody of the children and contended that there are no merits in the petition and requested to dismiss the petition. 4. Heard learned counsel appearing on both sides. 5. Perused the material available on record. 6. The material on record prima facie goes to show that, due to the matrimonial disputes between both parties, the petitioner/wife is residing at Sullurupeta along with her children within the territorial jurisdiction of learned VII Additional District Judge, Gudur. It is evident that the respondent herein filed G.O.P.No.10 of 2025 on the file of the learned VII Additional District Judge, Gudur, for custody of both the children and petitioner herein filed counter in the said application and the same is pending for adjudication. 7. As could be seen from the material on record, the petitioner along with her children are residing at Sullurupeta within the territorial jurisdiction of learned VII Additional District Judge, 6 VGKR,J TR.C.M.P.NO.165 OF 2026 Gudur, before which Court the G.O.P.No.10 of 2025 is pending, since the petitioner herein is residing at Sullurupeta and her children are also pursuing their studies at Sullurupeta, within territorial jurisdiction of learned VII Additional District Court, Gudur, therefore, I do not find any grounds to allow the present application. Considering the facts of the case, instead of transferring the case from Gudur to Srikalahasti, this Court is of the considered view that it is desirable to dispense with the personal appearance of the petitioner herein i.e., respondent in G.O.P.No.10 of 2025 before the learned VII Additional District Judge, Gudur, except on the days, when her presence is essentially required before the said Court. Learned VII Additional District Judge, Gudur, is hereby directed not to insist for the personal appearance of the petitioner herein in G.O.P.No.10 of 2025, as long as her counsel on record is attending the Court proceedings and representing her case except on the days when her presence is required before the said Court. 8. With the above observations, the transfer civil miscellaneous petition is disposed of. No costs. 7 VGKR,J TR.C.M.P.NO.165 OF 2026 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: 22.06.2026 LSP 8 VGKR,J TR.C.M.P.NO.165 OF 2026 110 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.165 of 2026 Date: 22.06.2026 LSP