APHC010042332026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] WEDNESDAY,THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 24/2026 Between: 1. NARAYANA SRUTHI @ GARLA SRUTHI, W/O GARLA SATISH, D/O N. RAJESWARI, AGED ABOUT 31 YEARS, R/O. D.NO.3, LAKSHMI NAGAR COLONY, MYDUKUR ROAD, PRODDATUR, KADAPA DISTRICT, ANDHRA PRADESH - 516360. ...PETITIONER AND 1. SATISH GARLA, SPA Principal, aged 34 years, S/o Srinivas Gupta Gala, Native of Door No.7/209, Nehru Bazar, Madanapalli Town, Annamayya District, PIN 517325, Aadhaar Card No.8118 3985 6640, Presently residing in Mannheim, Germany, Do hereby appoint as SPA Holder to his father by name Srinivas Gupta Garla, S/o Late Siddaramaiah Chetty, aged 54 years. Holder of Aadhaar Card No.9104 0217 4136, R/at Door No.7/209, Nehru Bazar, Madanapalli Town, Annamayya District. PIN 517325. ...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.118 of 2024 on the file of Prineipal Civil Judge (Senior Division), Madanapalle, and transfer the same to Civil Judge (Senior Division), Proddatur 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 H.M.O.P No.118 of 2024 on the file of Principal Civil Judge (Senior Division), Madanapalle, pending disposal of the above Transfer Miscellaneous Petition and pass Counsel for the Petitioner: 1. MADURU VIPIN VISWAS Counsel for the Respondent: 1. T V JAGGI REDDY The Court made the following: THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.24 of 2026 ORDER: The petitioner herein/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking withdrawal of H.M.O.P. No.118 of 2024 from the file of the Principal Civil Judge (Senior Division), Madanapalle and transfer of the same to the file of the learned Civil Judge (Senior Division), Proddatur 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 performed at Sri Balaji Kalyanamandapam, Srinivasa Nagar, Proddatur, as per Hindu rites and caste customs. They were blessed with a female child. Thereafter, due to matrimonial disputes, they have been living separately. ii) The petitioner further stated that the respondent/husband filed H.M.O.P. No.118 of 2024 before the learned Principal Civil Judge (Senior Division), Madanapalle, under Section 13(1) (ia) of the Hindu Marriage Act, 1955, seeking dissolution of marriage, and also have filed O.S.No.548 of 2024 on the file of the learned Civil Judge (Junior Division), Madanapalle, seeking permanent injunction and the same are pending adjudication. 3. Heard Sri Maduru Vipin Viswas, learned counsel for the petitioner and Sri T V Jaggi Reddy, learned counsel for the respondent 5. The grounds urged by the petitioner for seeking transfer of H.M.O.P.No.118 of 2024 on the file of the learned Principal Civil Judge (Senior Division), Madanapalle are that she is residing at Proddutur and that it is very difficult to appear before the learned Principal Civil Judge (Senior Division), Madanapalle on each and every adjournment and it is very difficult to travel from Proddutur to Madanapalle and the distance between both the places is approximately 200 kms and that she filed the present Transfer application. 6. Learned counsel for the respondent filed a counter-affidavit by denying the material allegations leveled in the affidavit filed by the petitioner and sought for dismissal of the transfer application. 7. Learned counsel for the respondent further contended that petitioner herein is an employee at Germany and she is staying along with her mother and child at Germany and that the question of her travelling from Proddutur to Madanapalle on each and every date of adjournment in connection with H.M.O.P.No.118 of 2024 on the file of the learned Principal Civil Judge (Senior Division), Madanapalle does not arise. 8. The learned counsel for the petitioner fairly conceded that the petitioner herein is doing employment in Germany and she is frequently coming from Germany to India. Therefore, the very basis for filing the present transfer application, seeking transfer of the case to the file of the learned Principal Civil Judge (Senior Division), Proddatur, on the ground of difficulty in travelling from Proddutur to Madanapalle, does not arise. In the case at hand, both the parties are currently staying at Germany and both are doing their employment at Germany. No doubt, in a matrimonial case, the convenience of the wife has to be taken into consideration rather than the inconvenience caused to the husband. But in this case, both the parties are doing their employment in Germany and the respondent herein instituted H.M.O.P.No.118 of 2024 before the learned Principal Civil Judge (Senior Division), Madanapalle about 2 years ago and the petitioner herein has also engaged a counsel before the learned Principal Civil Judge (Senior Division), Proddatur, therefore, at this stage, if the case i.e., H.M.O.P.No.118 of 2024 has been withdrawn and transferred to Proddatur, the said case will be further delayed. 9. For the aforesaid reasons, I am of the considered view that instead of transferring the H.M.O.P.No.118 of 2024 of the file of the learned Principal Civil Judge (Senior Division), Madanapalle to Proddatur, her personal appearance has been dispensed with before the learned Principal Civil Judge (Senior Division), Madanapalle except on the days when her presence is required before the said Court as per law, it will sub serve the ends of justice. 10. In the result the Transfer Civil Miscellaneous Petition is dismissed. The learned Principal Civil Judge (Senior Division), Madanapalle is hereby directed not to insist upon the personal appearance of the petitioner herein i.e., the respondent in H.M.O.P.No.118 of 2024 as long as her counsel is attending the Court proceedings and representing the case except on the day when re- conciliation proceedings are being taken up or on the day when her cross- examination is required to be recorded or on any other day when her personal appearance is required before the learned Principal Civil Judge (Senior Division), Madanapalle. 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: 15.04.2026 JLSR 141 HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.24 of 2026 Date: 15.04.2026 JLSR