1 APHC010589372023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3520] WEDNESDAY, THE 12th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANS. CIVIL MISC.PETITION NO: 343, 386 of 2023, 87 of 2024 and 100 of 2024 TRANS. CIVIL MISC.PETITION NO: 343 of 2023 Between: 1. DR SMT M K AMULYA, W/O. U. VENKATESH, D/O. M. KRISHNAMURTHY, HINDU, AGED ABOUT 27 YEARS, OCC. HOUSEWIFE, OCC. GRAMA MAHILA SAMRAKSHNA KARYADARSHI, R/O. D. NO. 101, KRISHNA TOWERS, LAKSHMINAGAR COLONY, 2ND LANE, CHITTOOR. ...PETITIONER AND 1. U VENKATESH, S/o. U. VENKATARAMANA, AGED ABOUT 27 YEARS, OCC. PRIVATE EMPLOYEE, R/O. D. NO.24/1/449-7, CHAMUNDIVARI THOTA, MULAPETA, NELLORE CITY, S.P.S. NELLORE DISTRICT, A.P., 524003. CELL. NO.8296487978. ...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 to withdraw F.C.O.P. No. 320 of 2023 before Hon’ble Family Court at Nellore and transfer the same to the Family Court at Chittoor and pass IA NO: 1 OF 2023 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 to stay all further proceedings including appearance of the petitioner in F.C.O.P. No. 320 of 2023 before Hon’ble Family Court at Nellore and pass 2 Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent: 1. TRIMOORTHY K G TRANS. CIVIL MISC.PETITION NO: 386 of 2023 Between: 1. U VENKATESH, AGED ABOUT 28 YEARS, S/O LATE U. VENKATARAMANA, RESIDING AT D.NO. 24/1, CHAMUNDIVARITHOTA, MULAPET, NELLORE TOWN AND DISTRICT, A.P ...PETITIONER AND 1. DR SMT MK AMULYA, W/o U.VENKATESH REDDY, D/O M.KRISHNAMURTHY, OCC HOUSEWIFE, OCC GRAMA MAHILA SAMRAKSHANA KARYADARSI(POLICE), RESIDING AT FLAT NO 101, KRISHNA TOWERS, 2ND LANE, LAKSHMI NAGAR COLONY, CHITTOOR. ...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 to withdraw HMOP No. 24 of 2023 on the file of Principal Senior Civil Judge of Chittoor and to transfer the same to the Hon’ble Family Court of Nellore and pass such IA NO: 1 OF 2023 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 may be pleased to stay all further proceedings in HMOP No. 24 of 2023 on the file of Principal Senior Civil Judge of Chittoor, pending disposal of the above Tr.C.M.P. and pass such Counsel for the Petitioner: 1. TRIMOORTHY K G 3 Counsel for the Respondent: 1. SURESH KUMAR REDDY KALAVA TRANS. CIVIL MISC.PETITION NO: 87 of 2024 Between: 1. DR. SMT. M.K. ARNULYA,, W/O. U. VENKATESH, D/O. M. KRISHNAMURTHY, HINDU, AGED ABOUT 27 YEARS, OCC. HOUSEWIFE, OCC. GRAMA MAHILA SAMRAKSHNA KARYADARSHI, R/O. D. NO. 101, KRISHNA TOWERS, LAKSHMINAGAR COLONY, 2ND LANE, CHITTOOR. ...PETITIONER AND 1. U VENKATESH, S/o. U. VENKATARAMANA, AGED ABOUT 27 YEARS, OCC. PRIVATE EMPLOYEE, R/O. D. NO.24/1/449-7, CHAMIMDIVARI THOTA, MULAPETA, NELLORE CITY, S.P.S. NSLLORE DISTRICT, A.P., 524003. CELL. NO.8296487978. ...RESPONDENT Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed there with,the High Court may be pleased to withdraw F.C.O.P. No. 452 of 2023 pending before Honble Family Court Nellore, SPS Nellore District, and transfer the same to the Honble Principal Senior Civil Judge of Chittoor 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 may be pleased to stay all further proceedings including appearance of the petitioner F.C.O.P. No. 452 of 2023 before Hon’ble Family Court: Nellore, SPS Nellore District, and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA 4 Counsel for the Respondent: 1. TRIMOORTHY K G TRANS. CIVIL MISC.PETITION NO: 100 of 2024 Between: 1. M.K. AMULYA, W/O U. VENKATESH, AGED ABOUT 47 YEARS, R/O PLOT NO. 101, LAKSHMI NAGAR COLONY, KRISHNA TOWERS, CHITTOOR DISTRICT, ANDHRA PRADESH. 2. M. KRISHNA MURTHY, S/O SUBRAHMANYAM, AGED ABOUT 59 YEARS, OCC RTC EMPLOYEE, R/O PLOT NO. 101, LAKSHMI NAGAR COLONY, KRISHNA TOWERS, CHITTOOR DISTRICT, ANDHRA PRADESH. 3. M. JALAJA,, W/O KRISHNA MURTHI, AGED ABOUT 52 YEARS, OCC HOUSE- WIFE, R/O PLOT NO. 101, LAKSHMI NAGAR COLONY, KRISHNA TOWERS, CHITTOOR DISTRICT, ANDHRA PRADESH. 4. M.K. ABSHAIK,, S/O KRISHNA MURTHI, AGED ABOUT 31 YEARS, OCC SOFTWARE EMPLOYEE, R/O PLOT NO. 101, LAKSHMI NAGAR COLONY, KRISHNA TOWERS, CHITTOOR DISTRICT, ANDHRA PRADESH. 5. M. MEDAHAVI,, S/O LATE SUBRAHMANYAM, R/O D. NO. 1-305, INDIAN STREET, KANIPAKAM VILLAGE AND POST, IRALA MANDAL, CHITTOOR, ANDHRA PRADESH. 6. T. USHA RANI,, W/O MEDHAVI, R/O D. NO. 1-305, INDIAN STREET, KANIPAKAM VILLAGE AND POST, IRALA MANDAL, CHITTOOR, ANDHRA PRADESH. 7. K. DHILLI,, S/O SOMASEKHAR, R/O TIRUVANAMPALLI VILLAGE, KANIPAKAM POST, IRALA MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH. 8. NAVAMANI,, S/O KUPPASWAMI, AGED ABOUT 45 YEARS, R/O MARIGUNTA VILLAGE, RENIGUNTA MANDAL, TIRUPATHI DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) 5 AND 1. UDAYAGIRI MUNI LAKSHMI CHENJI MUNILAKSHMI, W/O. LATE VENKATA RAMANIAH, AGED ABOUT 50 YEARS, OCC. JUNIOR ASSISTANT, R/O. D.NO. 24/1/449/7, CHAMADIVARITHOTA, MULAPETA, NELLORE CITY, SPSR NELLORE, ANDHRA PRADESH. ...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 to withdraw O.S. No. 1143 of 2023 pending before IlI Additional Junior Civil Judge, Nellore, SPSR Nellore District, and transfer the same to the Hon'ble Ill Additional Judicial Magistrate Of First Class, Chittoor 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 to stay all further proceedings including appearance of the petitioner O.S. No. 1143 of 2023 before Hon’ble Ill Additional Junior Civil Judge, Nellore, SPSR Nellore District, and pass Counsel for the Petitioner(S): 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent: 1. TRIMOORTHY K G The Court made the following Common Order: These four Transfer Civil Miscellaneous Petitions are substantially between the same parties. 2. The Petitioner in Tr.C.M.P.No.343 of 2023 is the wife and Respondent is her husband. The husband filed F.C.O.P.No.320 of 2023 on the file of the Family Court, Nellore for return of gold jewellery. For withdrawal and transfer of the said case from the Family Court, Nellore to Civil Judge 6 (Senior Division), Chittoor or any other Court at Chittoor, Transfer Civil Miscellaneous Petition No.343 of 2023 is filed. 3. The husband filed Tr.C.M.P.No.386 of 2023 with a prayer to withdraw the H.M.O.P.No.24 of 2023 filed by the wife, pending on the file of Civil Judge (Senior Division), Chittoor and transfer the same to the Family Court, Nellore. 4. The wife has also filed Tr.C.M.P.No.87 of 2024 with a prayer to withdraw and transfer the F.C.O.P.No.452 of 2023 filed by the husband for guardianship regarding her children from the Family Court, Nellore, to the Court of Civil Judge (Senior Division), Chittoor. 5. The wife filed Tr.C.M.P.No.100 of 2024 with a prayer for withdrawal and transfer of the suit in O.S.No.1143 of 2023, filed by her mother in-law against her and other family members, pending on the file of the III Additional Civil Judge (Junior Division), Nellore, to the III Additional Judicial Magistrate of First Class, Chittoor. 6. The litigations between the parties in a nutshell are as follows:- The wife filed a Petition in H.M.O.P.No.24 of 2023 for restitution of conjugal rights. The husband filed F.C.O.P.No.452 of 2023 and F.C.O.P.No.320 of 2023 for the reliefs of guardianship over the children and return of gold jewels respectively. The suit in O.S.No.1143 of 2023 was filed by the mother-in-law against the daughter-in-law and other family members of daughter-in-law for damages alleging defamation etc. 7 7. Admitted facts in this case are that the wife is residing at Chittoor and she is prosecuting H.M.O.P.No.24 of 2023 and other litigations for maintenance and C.C.No.238 of 2023 for the offences punishable under Sections 498-A of IPC and Section 3 and 4 of Dowry Prohibition Act etc., The husband and her mother are prosecuting their litigations at Nellore. The wife sought for transfer the cases filed by her husband and the mother-in-law. The husband sought for transfer the case filed by the wife i.e. H.M.O.P.No.24 of 2023, which was filed for restitution of conjugal rights. 8. The grounds urged by the wife are as follows:- i) she has children; (ii) she has no financial capacity; (iii) she has no male support; and (iv) the distance between Chittoor and Nellore is more than 200 km. 9. The husband is seeking transfer of the case filed by the wife on the ground that the case is ill motivated and it will be equally difficult for him to travel from Nellore to Chittoor. 10. The mother-in-law opposed the transfer of her case on the ground that it is a civil suit and based on the jurisdiction etc., and she being an aged lady suffering with malignancy etc., cannot travel from Nellore to Chittoor. 11. The observations of the Hon’ble Apex Court relevant are as follows:- 8 (i). In “Geetha Heera vs. Harish Chander Heera”1 held 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). In “N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha”2 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." 12. Upon considering the factual matrix and also comparative inconvenience of parties and legal aspects relating to jurisdiction and upon applying the test of forum convenience from the point of view of all ends including witnesses etc., this Court find that prayer for transferring the cases filed by the husband i.e. F.C.O.P.No.320 of 2023 and F.C.O.P.No.452 of 2023, from the file of the Family Court, Nellore, deserves positive consideration and the prayer for transferring the cases filed by the wife in 1(2000) 10 SCC 304 22022 LiveLaw (SC) 627 9 H.M.O.P.No.24 of 2023 from the file of Civil Judge (Senior Division), Chittoor can be continued at Chittoor. The prayer of the wife to transfer the suit in O.S.No.1143 of 2023, filed by her mother-in-law does not deserve positive consideration. 13. One of the litigations between the parties, vide F.C.O.P.No.452 of 2023, is touching the guardianship rights between the husband and wife in respect of their children. The jurisdiction to decide the said aspect substantially rests with the District Court, since the Family Court is not functioning at Chittoor. The District Court can as well entertain the matrimonial issue touching upon the restitution of conjugal rights etc. Therefore, this Court finds it proper to transfer H.M.O.P.No.24 of 2023 from the file of the Civil Judge (Senior Division), Chittoor and F.C.O.P.No.320 of 2023 and F.C.O.P.No.452 of 2023 from the file of the Family Court, Nellore to the learned Principal District Judge, Chittoor. 14. In view of the aforesaid reasons, the Tr.C.M.P.No.343 of 2023 and Tr.C.M.P.No.87 of 2024 filed by the wife are fit to be allowed. The Tr.C.M.P.No.100 of 2024 filed by the wife is liable to be dismissed. Tr.C.M.P.No.386 of 2023 filed by the husband is liable to be disposed of. Details are as follows: 10 Sl. No. Tr.C.M.P. No. Case No. Filed by Pending before Sought to be transferred Result 1. 343 of 2023 F.C.O.P.No. 320 of 2023 Case filed by the husband for return of gold jewels. Wife seeking transfer Family Court, Nellore Civil Judge (Senior Division), Chittoor. Transferred to the learned Principal District Judge, Chittoor. 2. 386 of 2023 H.M.O.P.No. 24 of 2023 Case filed by the wife for restitution of conjugal rights Civil Judge (Senior Division), Chittoor Family Court, Nellore Transferred to the learned Principal District Judge, Chittoor. 3. 87 of 2024 F.C.O.P.No. 452 of 2023 Case filed by the husband for guardianship and custody of children Family Court, Nellore Civil Judge, (Senior Division), Chittoor Transferred to the learned Principal District Judge, Chittoor. 4. 100 of 2024 O.S.No.1143 of 2023 Case filed by the Mother-in- law against daughter-in- law and family members of daughter-in- law III Additional Junior Civil Judge, Nellore III Additional Judicial Magistrate of First Class, Chittoor Dismissed 15. In the result, i). Tr.C.M.P.No.343 of 2023 is allowed. ii). The case in F.C.O.P.No.320 of 2023 is transferred from the Family Court, Nellore to the Court of the Principal District Judge, Chittoor. iii). The Judge, Family Court, Nellore is directed to transmit F.C.O.P.No.320 of 2023, duly indexed, forthwith to the Court of the Principal District Judge, Chittoor. 11 iv). Tr.C.M.P.No.87 of 2024 is allowed. v). F.C.O.P.No.452 of 2023, filed for guardianship in respect of the children, is withdrawn from the file of the Judge, Family Court, Nellore and transferred to the learned Principal District Judge, Chittoor. vi). The learned Judge, Family Court, Nellore is directed to transmit F.C.O.P.No.452 of 2023 to the Court of the Principal District Judge, Chittoor. vii). Tr.C.M.P.No.386 of 2023 is disposed of, directing transfer of the case in H.M.O.P.No.24 of 2023 from the learned Civil Judge (Senior Division), Chittoor to the learned Principal District Judge, Chittoor. viii). H.M.O.P.No.24 of 2023 is withdrawn and transferred from the file of the learned Civil Judge (Senior Division), Chittoor to the file of the learned Principal District Judge, Chittoor. ix). Tr.C.M.P.No.100 of 2024 is dismissed. x). The learned III Additional Junior Civil Judge, Nellore is directed not to insist on the presence of the defendants in the suit i.e. O.S.No.1143 of 2023, unless it is necessary. xi). The learned Principal District Judge, Chittoor is directed to dispose of three cases i.e. (1) F.C.O.P.No.320 of 2023, (2) H.M.O.P.No.24 of 2023 and (3) F.C.O.P.No.452 of 2023, on receipt and after 12 renumbering as per law, by giving fair opportunity to both parties, after exhausting the efforts for conciliation, if any, between the parties. xii). The learned Principal District Judge, Chittoor is directed not to insist on the presence of the husband unless it is necessary for the purposes of conciliation and the evidence of his side, if his counsel is ready and cooperates with the Court for the progress of the matter. xiii). Both parties are directed to cooperate with the learned District Judge for disposal of the case as early as possible. xiv). There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed. ____________________________ A. HARI HARANADHA SARMA, J Date:12.08.2026 KK 13 HON’BLE SRI JUSTICE A. HARI HARANADHA SARMA Tr.C.M.P.Nos.343 and 386 of 2023 and 87 and 100 of 2024 12th July, 2026 Kk