THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.51 of 2026 ORDER: Today, when the matter has been taken up for hearing, as per the Registry endorsement, notice sent to the respondent was served. Despite service of notice, there is no representation on behalf of respondent. Therefore, „service held sufficient‟. 2. The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908 (for short, „the C.P.C.‟), seeking to withdraw H.M.O.P.No.8 of 2026, on the file of learned Civil Judge (Senior Division), Bhimavaram, West Godavari District and transfer the same to the file of the learned Civil Judge(Senior Division),Tadepalliguem, West Godavari District for trial and disposal. 3. 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 solemnized on 11.02.2022 as per Hindu Marriage customs and rituals at Tadepalligudem. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents‟ house at Tadepalligudem. ii. The petitioner submitted that she had filed a complaint, which was registered as Crime No.251 of 2022 under Section 498-A read with 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry 2 Prohibition Act at Tadepalligudem Police Station. She further submitted that she had filed M.C. No. 06 of 2023 on the file of the learned I Additional Junior Civil Judge, Tadepalligudem, and the same was allowed.The petitioner filed E.P. No. 15 of 2025 in H.M.O.P.No.22 of 2023 on the file of the learned Civil Judge (Senior Division), Tadepalligudem, as the respondent failed to pay the maintenance. She further stated that she filed C.C. No.1065 of 2022 and D.V.C. No.6 of 2024 on the file of the Principal Junior Civil Judge, Tadepalligudem, and that the said cases are pending adjudication. iii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed H.M.O.P.No.08 of 2026, on the file of learned Civil Judge (Senior Division), Bhimavaram, seeking dissolution of marriage under Section 13 (1) (ia) (ib) of Hindu Marriage Act, 1955 and the same is pending for adjudication. The petitioner further pleaded that it is very difficult for the petitioner/wife to appear before the learned Civil Judge (Senior Division), Bhimavaram on each and every adjournment without any male assistance, and that she is constrained to file this petition. 4. Heard learned counsel for the petitioner. 5. Perused the material available on record. 6. The material on record prima facie shows that, in view of the matrimonial disputes between the parties, the petitioner/wife has been 3 residing separately in her parents‟ house at Tadepalligudem, depending upon the mercy of her parents. The material on record discloses that the respondent/husband filed a divorce petition against the petitioner/wife vide H.M.O.P.No.08 of 2026 on the file of learned Civil Judge (Senior Division), Bhimavaram, seeking dissolution of marriage under Section 13 (1) (ia) (ib) of the Hindu Marriage Act, 1955, and the same is pending for adjudication. The material on record further discloses that the petitioner had filed a complaint, which was registered as Crime No.251 of 2022 under Section 498-A read with 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act at Tadepalligudem Police Station. She further submitted that she had filed M.C. No.06 of 2023 on the file of the learned I Additional Junior Civil Judge, Tadepalligudem and the same was allowed, and the petitioner also filed E.P. No.15 of 2025 in H.M.O.P.No.22 of 2023 on the file of the learned Civil Judge (Senior Division), Tadepalligudem as the respondent failed to pay the maintenance. The material on record further reveals that the petitioner has filed C.C.No.1065 of 2022 and D.V.C.No.6 of 2024 on the file of the Principal Junior Civil Judge, Tadepalligudem and the said cases are pending adjudication. 7. The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER HEERA1, held by considering the fact that “if a wife does not 1(2000) 10 SCC 304 4 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.” 8. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha2held 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.” 9. On considering the submissions made by the learned counsel for the petitioner and in view of the ratio laid down in the aforesaid case laws that, in matrimonial proceedings, the convenience of the wife has to be taken into consideration rather than the inconvenience of the husband andtherefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife seeking transfer of H.M.O.P.No.08 of 2026, on the file of learned Civil Judge (Senior Division), Bhimavaram. 10. In the result, the present Transfer Civil Miscellaneous Petition is allowed, and H.M.O.P.No.08 of 2026, on the file of learned Civil Judge (Senior 2 2022 LiveLaw (SC) 627 5 Division), Bhimavaram is hereby withdrawn and transferred to the file of the learned Civil Judge (Senior Division), Tadepalligudem. The learned Civil Judge (Senior Division), Bhimavaram, shall transmit the entire case record in H.M.O.P.No.08 of 2026, to the file of the learned Civil Judge (Senior Division), Tadepalligudem, as expeditiously as possible, preferably within a period of two (02) weeks from the date of receipt of a copy of this order. 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: 16.04.2026 JLSR 6 139 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.51 of 2026 Date: 16.04.2026 JLSR