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2026 DAILYLAW 5978 (AP)

SMT P SOWJANYA v. K V HAREESH KUMAR

TRCMP/128/2026 · 2026-07-21

A Hari Haranadha Sarma

body2026

Judgment text

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1 APHC010149192026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3520] WEDNESDAY, THE 22nd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANS. CIVIL MISC.PETITION NO: 128/2026 Between: 1. SMT P SOWJANYA, W/O K.V. HAREESH KUMAR, AGED ABOUT 32 YEARS, OCC HOUSE WIFE, R/O D.NO. 1/2174, WEAVERS COLONY, YAMIGANUR TOWN, KURNOOL DISTRICT-518360, PRESENTLY RESIDING AT D.NO. 76/97, APPURVA GARDEN - 18, L. VENKAYYA NAGAR, MAMATHA DABA BACKSIDE, KURNOOL - 518003 MOBILE NO. 9642426547 . ...PETITIONER AND 1. K V HAREESH KUMAR, S/o K. Venkata Krishna, Aged about 35 years, Hindu, R/o H.No. 21-6-226-1, Housing Board Colony, Hindupur Town and Mandal, Sri Satya Sai District Mobile No. 9911313579. ...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 the H.M.O.P. No. 55 of 2025 from the file of the Hon'ble Senior Civil Judge at Hindupur, Ananthapur District and transfer to the Court of the Principal Senior Civil Judge at Kurnool and to 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 of all further proceedings in H.M.O.P. No. 55 of 2025 from the 2 file of the Hon'ble Senior Civil Judge at Hindupur, Ananthapur District and to pass Counsel for the Petitioner: 1. BHARATHI KUMARI KARRI Counsel for the Respondent: 1. P NARAHARI BABU The Court made the following: 3 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA Tr.C.M.P.No.128 of 2026 ORDER: 1. The respondent in H.M.O.P.No.55 of 2025 on the file of the learned Senior Civil Judge at Hindupur, Ananthapur District, has filed the present application with a prayer for withdrawal and transfer of the said case to the learned Principal Senior Civil Judge at Kurnool. 2. The petitioner herein is the wife and the respondent is her husband. He has filed an application for dissolution of marriage and grant of divorce before the learned Senior Civil Judge, Hindupur. The jurisdiction of the Court at Hindupur is invoked contending that the parties resided for one month at Hindupur prior to the respondent’s transfer to Delhi. 3. Learned counsel for the petitioner / wife would submit that, even as per the petitioner, the residence of the wife / petitioner herein is shown at Kurnool and that the wife is prosecuting the case at Kurnool vide D.V.C.No.7 of 2026, in which the respondent / husband has entered appearance. Learned counsel for the respondent / husband clarified that the husband was exempted from appearance in D.V.C.No.7 of 2026 pursuant to the orders dated 06.07.2026 passed by this Court in Crl.P.No.5385 of 2026. 4 4. The transfer of the case in H.M.O.P.No.55 of 2025 is sought on the following grounds: (i). The petitioner herein is a lady having no financial and physical support. (ii). The petitioner stays at Yemmiganur, Kurnool District. (iii). The distance between Hindupur and Yemmiganur is around 300 Kms. 5. The respondent is opposing the application on the following grounds: (i). The respondent met with an accident and is sick. (ii). It will be difficult for the respondent, being an employee at Bangalore, to travel to Kurnool to attend the Courts at Kurnool. 6. Upon considering the facts and circumstances of the case, this Court finds it proper to dispose of the Transfer Civil Miscellaneous Petition with the following directions: (i). The case in H.M.O.P.No.55 of 2025 is withdrawn from the file of the learned Senior Civil Judge, Hindupur, Ananthapur District and transferred to the Family Court at Kurnool. (ii). The learned Senior Civil Judge, Hindupur, Ananthapur District is requested to transmit the case in H.M.O.P.No.55 of 2025, duly indexed, forthwith to the Family Court, Kurnool. 5 (iii). The learned Judge, Family Court at Kurnool is directed to dispose of the case according to law by giving a fair opportunity to both sides, however, after attempting for conciliation and settlement between the parties. (iv). The presence of the respondent / husband need not be insisted except for the conciliation process and his evidence and he can seek exemption from his appearance on other stages to which the case is posted. (v). Both parties are directed to cooperate with the Family Court, Kurnool, for disposal of the case at the earliest and the learned Judge, Family Court, is directed to dispose of the case as early as possible, preferably within a period of nine (09) months. (vi). The learned Judge, Family Court at Kurnool may consider posting the case on second Saturdays and Sundays, in view of the employment of the respondent / husband. (vii). There shall be no order as to costs. 7. Consequently, miscellaneous petitions, if any, shall stand closed. The Interim Order granted, if any, shall stand vacated. ____________________________ A. HARI HARANADHA SARMA, J Date:22.07.2026 Knr 6 HON’BLE SRI JUSTICE A. HARI HARANADHA SARMA Tr.C.M.P.No.128 of 2026 22nd July, 2026 Knr