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Date of reserved for orders : Date of pronouncement : 22.06.2026 Date of uploading : 29.06.2026 APHC010202802026
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: 144/2026 Between:
1. MANDALAPU SINDHURA, S/O. GOWTHAM,
D/O.
VASANTHA JAGANMOHAN RAO, AGED ABOUT 31 YEARS, R/O. BLOCK-C-10,
STAFF QUARTERS, JAWAHAR NAVODAYA VIDYALAYA SCHOOL, PEDDAPURAM TOWN,EAST GODAVARI DISTRICT. ...PETITIONER AND
1. MANDALAPU GOWTHAM, S/o. Peraiah, Aged about 32 years. Software Employee R/o. Botlaguduru Village, Pamuru Mandal, Prakasam District. ...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 HMOP.No.13 of 2026 on the file of the Senior Civil Judge(Senior Division), Kandukur, Prakasam District and transfer the same to the Senior Civil
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Judge(Senior Division), Peddapuram, East Godavari District 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 stay all further proceedings in HMOP No. 13 of 2026, on the file of the Senior Civil Judge(Senior Division), Kandukur, Prakasam District, pending disposal of the above Transfer Petition and pass such other order or orders as are deemed fit and proper in the circumstances of the case and pass Counsel for the Petitioner:
1. RAVI CHANDAVARAPU Counsel for the Respondent:
1. The Court made the following:
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THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO
TRANSFER CIVIL MISCELLANEOUS PETITION No.144 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 transfer the H.M.O.P.No.13 of 2026, on the file of learned Senior Civil Judge, Kandukur, to the file of learned Senior Civil Judge, Peddapuram, 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 13.08.2020 at Karamchedu Village, Prakasam District, as per Hindu Marriage customs and rituals. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife along with her daughter aged about 3 years residing separately at her parents’ house at Peddapuram, East Godavari District. ii.
The petitioner stated that she has lodged a complaint before the Peddapuram Police Station, for the offences punishable under Section 85 of BNS Act, 2023 and
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under Sections 3 & 4 of the Dowry Prohibition Act, 1961 and the same is pending for investigation. iii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed H.M.O.P.No.13 of 2026, on the file of learned Senior Civil Judge, Kandukur, 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 Senior Civil Judge, Kandukur, on each and every adjournment without any male assistance, and that she is constrained to file this petition. 3. Heard Sri Ravi Chandavarapu, learned counsel for the petitioner. Notice served on the respondent. None appeared for the respondent. 4. Perused the material available on record. 5. The material on record prima facie shows that, in view of the matrimonial disputes between the parties, the petitioner/wife along with her daughter aged about 3 years are residing separately at her parents’ house at Peddapuram, East Godavari
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District and depending upon the mercy of her parents. The material on record further discloses that the respondent/husband filed a H.M.O.P.No.13 of 2026, on the file of learned Senior Civil Judge, Kandukur, seeking dissolution of marriage under Section 13(1)(ia) of Hindu Marriage Act, 1955, the same is pending for adjudication. 6. 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
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paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.”
7. 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 H.M.O.P.No.13 of 2026, on the file of learned Senior Civil Judge, Kandukur to the learned Senior Civil Judge Court, Peddapuram in East Godavari District. 8. In the result, the present Transfer Civil Miscellaneous Petition is allowed, and H.M.O.P.No.13 of 2026, on the file of learned Senior Civil Judge, Kandukur, is hereby withdrawn and transferred to the file of the learned Senior Civil Judge, Peddapuram. The learned Senior Civil Judge, Kandukur, shall transmit the case record in H.M.O.P.No.13 of 2026, to the file of the learned Senior Civil Judge, Peddapuram, as expeditiously as
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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: 22.06.2026 LSP
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THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO
TRANSFER CIVIL MISCELLANEOUS PETITION No.144 of 2026
Date: 22.06.2026 LSP