1 APHC010138972024 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:135/2024 Between: 1. SARABU SIRISHA,, W/O. KJANARDHAN, AGED ABOUT 36 YEARS, OCC HOUSE WIFE, RESIDING AT D.NO2-L-L 1, KACHARI ROAD, PULIVENDULA POST AND TOWN, Y.S.R DISTRICT. ...PETITIONER AND 1. K JANARDHAN, S/o. K. Subramanyam Achari, Aged about 37 years, Occ. Private Employee, Residing at D.No.91, Balaji Nagar, Tirumala Post, Tirupati Town, Tirupati 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 H.M.O.P.No.177 of 2023 from the Court of the Principle Senior Civil Judge, Tirupathi and to transfer the same on to the file of the Family Court, Kadapa, Y.S.R District and pass IA NO: 1 OF 2024 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 H.M.O.P.No.177 of 2019 on the file of the court of the Principle Senior Civil Judge Court, Tirupathi pending disposal of the above Tr.CMP and pass 2 Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent: 1. KANDERI CHETHAN The Court made the following: 3 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA Tr.C.M.P.No.135 of 2024 ORDER: 1. The respondent in H.M.O.P.No.177 of 2023 on the file of the Court of the Principal Senior Civil Judge, Tirupati is the petitioner herein and she has filed the present application with a prayer for withdrawal and transfer of the said case to the file of the Family Court, Kadapa, Y.S.R. District. 2. The petitioner herein is the wife and the respondent herein is her husband. He has filed H.M.O.P.No.177 of 2023 with a prayer for dissolution of marriage between the petitioner and respondent and for grant of divorce. 3. The petitioner prays for transfer on the grounds that the distance between the Kadapa and Tirupati is around 230 Kms. and that there are two other cases i.e. M.C.No.3 of 2023 and a crime instituted and pending at Pulivendula, apart from D.V.C.No.1 of 2024, which are between the same parties. The petitioner is sick and it is difficult for her to travel to Tirupati. She also has a child. 4. Learned counsel for the respondent submits that it is equally difficult for the respondent to travel from Tirupati to Kadapa and he also has a threatening perception. He is working as a Pharmacist in Tirumala. Further, he would also submit that the case is coming up for trial and cross-examination of the husband, who is the petitioner in H.M.O.P.No.177 of 2023 sought to be 4 transferred. He would also submit that it will be difficult for the respondent / husband to attend the Court at Kadapa if repeated adjournments are taken on the side of the evidence and the witnesses on his behalf are available at Tirupati. 5. Learned counsel for the petitioner / wife would submit that the witnesses on behalf of the petitioner are at Kadapa and that it will be difficult for them to travel to Tirupati. 6. Upon considering the facts and circumstances of the case, the stage of H.M.O.P.No.177 of 2023 sought to be transferred and the proposition of law as to forum conveniens laid down by the Hon’ble Apex Court in N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha1, in paragraph 9 thereof, which reads 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 paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.” 1 2022 SCC OnLine SC 1199 5 This Court is of the view that the prayer for grant of divorce deserves positive consideration. But, in the facts and circumstances of the case, with certain observations and directions as to completing the husband’s side evidence at Tirupati and the evidence of wife’s side at the Family Court, Kadapa and disposal of the case by the Family Court, Kadapa, as per law, by giving fair opportunity to both sides, which is acceptable to both side’s counsel, on the ground that the interest of both sides will get balanced with this arrangement. 7. In view of the above, the Transfer Civil Miscellaneous Petition is disposed of as follows: (i). The trial proceedings before the learned Principal Senior Civil Judge, Tirupati in H.M.O.P.No.177 of 2023 shall continue till completion of the evidence of the husband’s side i.e. the petitioner in H.M.O.P.No.177 of 2023. (ii). During the recording of such evidence, the physical presence of the wife is optional and at her choice, her presence may be dispensed with. (iii). The petitioner / wife shall cooperate for recording of the evidence by the learned Principal Senior Civil Judge, Tirupati as expeditiously as possible. 6 (iv). After completion of the evidence of the petitioner’s side in the said case, the learned Principal Senior Civil Judge, Tirupati is directed to transmit the case record, duly indexed, forthwith to the Family Court, Kadapa, which shall be preferably within a period of three months. (v). On receipt of the case, the Family Court, Kadapa is directed to dispose of the case by recording the evidence of the wife’s side, by giving fair opportunity to both sides, according to law, preferably within a period of six months. (vi). The physical presence of the husband, who is the petitioner in H.M.O.P.No.177 of 2023, before the Family Court, Kadapa is optional and he may seek exemption by filing a necessary application before the concerned Judge. (vii). The learned Judge, Family Court, Kadapa shall proceed with the case from the stage of the respondent’s side / wife’s evidence and the evidence recorded by the learned Principal Senior Civil Judge, Tirupati shall be deemed to have been recorded by the Family Court, Kadapa. (viii). The above directions and arguments are made in the presence of both counsels, with their consent. (ix). There shall be no order as to costs. 7 8. 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 8 HON’BLE SRI JUSTICE A. HARI HARANADHA SARMA Tr.C.M.P.No.135 of 2024 22nd July, 2026 Knr