1 AHHS,J Tr.C.M.P.No. 135 of 2026 Dated 10.08.2026 APHC010215762026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3520] MONDAY, THE 10th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANS. CIVIL MISC.PETITION NO: 135 OF 2026 Between: 1. MATTAPARTHI JAYA SAI SIRISHA @ SIRISHA, W/O MATTAPARTHI KEERITI, AGE ABOUT 26 YEARS, OCC. HOUSE WIFE, R/O H.NO.5-77, MUKKAMALA, PERAVALI MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. MATTAPARTHI KEERITI, S/o Venkata Srinivasa Rao, age about 30 years, Occ. Private job, R/o H.No.51-13-33, Rajendra Nagar, Rajamahendravaram, East Godavari District - 533101. ...RESPONDENT Counsel for the Petitioner: 1. K V L NARASIMHA RAO Counsel for the Respondent: 1. The Court made the following: 2 AHHS,J Tr.C.M.P.No. 135 of 2026 Dated 10.08.2026 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANS. CIVIL MISC.PETITION NO: 135 OF 2026 ORDER: 1. None appeared for Respondent. 2. Respondent furnished his address in his petition vide F.C.O.P.No.20 of 2026 as - “Mattaparthi Keeriti, S/o. Venkata Srinivasa Rao, Hindu, aged 30 years, Private Job, resident of House No.51-13-33, Rajendra Nagar, Rajamahendravaram, East Godavari District, Cell No.7799446288, Adhar No.452387618188”. Notice was sent by the counsel for Petitioner herein to the respondent herein with the following address: “Mattaparthi Keeriti, S/o. Venkata SrinivasaRao, Occ: Private job, R/o. H.No.51-13-33, Rajendra Nagar, Rajamahendravaram, East Godavari District- 533 101”. Both addresses are same. Return endorsement of the Postal Authorities is as follows:- “Addressee left without instructions; hence returned to sender”. 3. Learned Counsel for Petitioner would also submit that notice was served on the Counsel appearing before the Trial Court for Respondent herein. 3 AHHS,J Tr.C.M.P.No. 135 of 2026 Dated 10.08.2026 4. It is also submitted that the stay was communicated to the Court which would suggest that the respondent has knowledge about proceedings of this case. 5. In the context stated above, the service of notice and knowledge of the present proceedings to the respondent need not be doubted and it is clear that this Court can proceed ex-parte. 6. Petitioner is wife and respondent is her husband. 7. For the sake of convenience, parties will be referred to as wife and husband. 8. Husband filed F.C.O.P.No.20 of 2026 before the Civil Judge (Senior Division) Court, Rajamahendravaram, East Godavari District, with a prayer for dissolution of marriage and for grant of divorce. 9. Wife filed the present application seeking withdrawal of F.C.O.P.No.20 of 2026 from the file of Civil Judge (Senior Division) Court, Rajamahendravaram, East Godavari District and transfer the same to the file of Civil Jude (Senior Division) Court, Tanuku, West Godavari District. 10. Wife is seeking transfer on the grounds:- i. She has no financial or physical support; ii. She is dependent on her parents; iii. She is unable to travel from her village Mukkamala to Rajamahendravaram; and 4 AHHS,J Tr.C.M.P.No. 135 of 2026 Dated 10.08.2026 iv. The Civil Judge (Senior Division) Court, Tanuku is convenient for both parties and for defending the case filed by the respondent-husband. 11. Upon considering untraversed assertions of the wife stated in the petition and submitted across the bench and upon considering the nature of the litigation and taking note of the observations of the Hon’ble Apex Court in N.C.V. Aishwarya Vs A.S.SaravanaKarthikSha1 at para No.9 that: "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." the prayer in the petition for withdrawal of the case from the file of Civil Judge (Senior Division) Court, Rajamahendravaram, East Godavari District and transfer to the file of Civil Judge (Senior Division) Court, Tanuku, West Godavari District, found convincing. 12. In view of the aforesaid reasons, the petition is allowed as follows:- i. The case in F.C.O.P.No.20 of 2026 is withdrawn from the file of Civil Judge (Senior Division) Court, Rajamahendravaram, East Godavari District and 12022 LiveLaw (SC) 627 5 AHHS,J Tr.C.M.P.No. 135 of 2026 Dated 10.08.2026 transferred to the file of Civil Judge (Senior Division) Court, Tanuku, West Godavari District. ii. The Judge, Civil Judge (Senior Division), Rajamahendravaram, East Godavari District is directed to transmit the case record forthwith, duly indexed. iii. The Judge, Civil Judge (Senior Division), Tanuku, West Godavari District is directed to dispose of the case according to law, by giving fair opportunity to both parties, after exhausting efforts for conciliation between the parties by any of the alternative dispute resolution methods and dispose of the case as early as possible. iv. Both parties shall cooperate for expeditious disposal of the case. 13. Accordingly, the Transfer, Civil Miscellaneous Petition is allowed. No costs. Consequently, pending miscellaneous applications, if any, shall stand closed. _______________________________________ SRI JUSTICE A.HARI HARANADHA SARMA, Dated 10.08.2026 KS Whether the order is : Speaking: Yes Reasoned : Yes Reportable: No Non-Reportable: Yes 6 AHHS,J Tr.C.M.P.No. 135 of 2026 Dated 10.08.2026 23 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANS. CIVIL MISC.PETITION NO: 135 of 2026 Dated:10.08.2026. KS