1 AHHS,J Tr.C.M.P.No. 193 of 2026 Dated 14.08.2026 APHC010332182026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3520] FRIDAY, THE 14th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANS. CIVIL MISC.PETITION NO: 193 of 2026 Between: 1. SAANAMPUDI MANJULA ALIAS JYOTHI MANJULA,, D/O. SANAMPUDI NALLAKONDAIAH, W/O. KONDALA RAO,AGED ABOUT 35 YEARS, R/O. D.NO.C/27, GANDHI MAIDHAN,HATTI VILLAGE-584115, RAICHUR MANDAL, STATE OF KARNATAKAPRESENTLY R/O. BOMMAVARAM VILLAGE,ANANTHASAGARAM MANDAL, SPSR NELLORE DISTRICT ...PETITIONER AND 1. JYOTHI KONDALA RAO, S/o. Late Krishnaiah, Aged about 42 yearsR/o. D.No.3-62, Behind D.L.K. Market,Lalitha Nagar, lbrahimpatnam- 521228,Kondapalli Mandal, Vijayawada Rural NTR District. ...RESPONDENT Counsel for the Petitioner: 1. SUDHESHNA YAKKALA Counsel for the Respondent: 1. BALU ANIL KUMAR PALLA The Court made the following: 2 AHHS,J Tr.C.M.P.No. 193 of 2026 Dated 14.08.2026 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANS. CIVIL MISC.PETITION NO: 193 of 2026 ORDER: 1. Petitioner is wife and respondent is her husband. 2. For the sake of convenience, parties will be referred to as wife and husband. 3. Husband filed F.C.O.P.No.134 of 2026 before the Judge, Family Court, Vijayawada with a prayer for dissolution of marriage and for grant of divorce. 4. Wife filed the present application seeking withdrawal of F.C.O.P.No.134 of 2026 from the file of Family Court, Vijayawada and to transfer the same to the file of Civil Jude (Senior Division) Court, Atmakur, SPSR Nellore District. 5. Counter not filed by respondent, but, orally opposed the application. 6. Wife is seeking transfer on the grounds:- i. Due to matrimonial disputes, she along with her children is residing with her parents at Bommavaram village, Ananthasagaram Mandal, SPSR Nellore District. ii. She has no independent source of income for travel from Bommavaram village, Ananthasagaram Mandal, SPSR Nellore District to Vijayawada. 3 AHHS,J Tr.C.M.P.No. 193 of 2026 Dated 14.08.2026 iii. Respondent is employed at Nellore District, comparatively it will be convenient for both parties, even if the matter is continued at Atmakur. 7. Upon considering the facts asserted by both sides counsel on record and upon considering the factual scenario, nature of litigation in between the parties and in view of the observations of the Honourable Apex Court in – i) GEETHA HEERA Vs HARISH CHANDER HEERA1 that “if a wife does not have sufficient funds to visit the place where the divorce petition is filed by her husband, then the transfer petition filed by the wife may be allowed”. ii) N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha2 at para No.9: "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 transfer of the case from the file of learned Family Court, Vijayawada, found convincing. 1 (2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 4 AHHS,J Tr.C.M.P.No. 193 of 2026 Dated 14.08.2026 8. In view of the reasons stated above, the Petition is allowed as follows: i. F.C.O.P.No.134 of 2026 is withdrawn from the file of learned Family Court, Vijayawada and transferred to the file of learned Civil Judge (Senior Division) Court, Atmakur, SPSR Nellore District. ii. Learned Judge, Family Court, Vijayawada, is directed to transmit the case records forthwith, duly indexed. iii. Learned Civil Judge (Senior Division), Atmakur, SPSR Nellore District, is directed to dispose of the case as per law, by giving fair opportunity to both parties, as expeditiously as possible. iv. The Civil Judge (Senior Division), Atmakur, SPSR Nellore District, is directed not to insist the presence of the respondent-husband, unless it is necessary for the purposes like his evidence and conciliation process and his request, if any, for dispensing his appearance may be considered, if, it is on any reasonable grounds and his counsel is present and ready to cooperate for the progress of the case. v. Both parties are directed to cooperate for speedy and expeditious disposal of the case. 5 AHHS,J Tr.C.M.P.No. 193 of 2026 Dated 14.08.2026 9. 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 14.08.2026 KS Whether the order is : Speaking: Yes Reasoned : Yes Reportable: No Non-Reportable: Yes 6 AHHS,J Tr.C.M.P.No. 193 of 2026 Dated 14.08.2026 53 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANS. CIVIL MISC.PETITION NO: 193 of 2026 Dated:14.08.2026. KS