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2026 DAILYLAW 3952 (AP)

Boddupalli Sree Lakshmi, v. Arigundam Muni Praveen,

TRCMP/118/2026 · 2026-06-28

Venuthurumalli Gopala Krishna Rao

Transfer Petitionbody2026

Judgment text

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Date of reserved for orders : Date of pronouncement :29.06.2026 Date of uploading :03.07.2026 APHC010193922026 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: 118/2026 Between: 1. BODDUPALLI SREE LAKSHMI,, W/O. A. MUNI PRAVEEN, D/O. B. MADHUSUDHAN, HINDU, AGED ABOUT 27 YEARS. DOOR NO.39-9-2-1/3, MURALI NAGAR, NEXT TO GREEN TRENDS SALOON, VISAKHAPATNAM CITY, CELL 7780136021 ...PETITIONER AND 1. ARIGUNDAM MUNI PRAVEEN, S/o A. Ramesh, Hindu, Aged about 36 years. Occupation Software Engineer, R/o Door No.13/203, Nayee Brahmin Street, Near Kapu Street, Nellore Town, SPSR Nellore District, Cell 9035387434 ...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 withdraw F.C.O.P. No 199 of 2025 from the file of the court of the learned VI Additional District Judge at Nellore and to transfer the same to the court of the learned Family Court Judge, Vishakapatnam, 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 be grant stay of all further proceedings in F.C.O.P.No:199 of 2025 on the file of VI Addl. District Judge at Nellore, pending disposal of the main Transfer Petition Counsel for the Petitioner: 1. THULLURU NAGABHUSHANAM Counsel for the Respondent: 1. The Court made the following: THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.118 of 2026 ORDER: As per the Registry endorsement, registered notice sent by the Registry to the respondent was served. Despite service of notice, there is no representation on behalf of respondent. Therefore, „service is 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.199 of 2025, on the file of learned Judge, Family Court-cum-VI Additional District Judge, Nellore, to the file of learned Judge, Family Court, Visakhapatnam, 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 15.10.2021 at Clothes Merchant Associations, Achari Street, Nellore. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately at Murali Nagar, Visakhapatnam, at her parents‟ house. ii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed F.C.O.P.No.199 of 2025, on the file of learned Judge, Family Court-cum-VI Additional District Judge, Nellore, seeking dissolution of marriage under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, read with under Section 7 of the Family Court Act, 1984, 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-cum-VI Additional District Judge, Nellore, on each and every adjournment without any male assistance, and that she is constrained to file this petition. 4. Heard 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 has been residing separately at Murali Nagar, Visakhapatnam, at her parents‟ house. The material on record further discloses that the respondent/husband filed a petition against the petitioner/wife vide F.C.O.P.No.199 of 2025, on the file of learned Judge, Family Court-cum-VI Additional District Judge, Nellore, seeking dissolution of marriage under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, read with under Section 7 of the Family Court Act, 1984, and the same is pending for adjudication. 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 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 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 behavioral pattern, their standard of life prior to the 1(2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 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 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.199 of 2025, on the file of learned Judge, Family Court-cum-VI Additional District Judge, Nellore, to the file of learned Judge, Family Court, Visakhapatnam. 10. In the result, the present Transfer Civil Miscellaneous Petition is allowed, and F.C.O.P.No.199 of 2025, on the file of learned Judge, Family Court-cum-VI Additional District Judge, Nellore, is hereby withdrawn and transferred to the file of the learned Judge, Family Court, Visakhapatnam. The learned Judge, Family Court-cum-VI Additional District Judge, Nellore, shall transmit the case record in F.C.O.P.No.199 of 2025, to the file of the learned Judge, Family Court, Visakhapatnam, 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