APHC010708212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] WEDNESDAY,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 57/2026 Between: 1. UMMANI MARY SUSEELA, W/O BUCHHAPPAGARI SUKUMAR, AGED 30 YEARS, R/O D.NO.47-82, BUDHAWARAPETA, KURNOOL, KURNOOL DISTRICT - 518 002. ...PETITIONER AND 1. BUCHHAPPAGARI SUKUMAR SHALEM SUKUMAR, S/o B.Swamy Das, Aged 31 Years, R/o.D.No.4/1131-A, Vidya Nagar, Kalyandurg Road, Papampeta Village, Narayanapuram, Anantapur District - 515 761. ...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 transfer the case of D.O.P. No.27 of 2025, on the file of Court of the Principal District Judge at Ananthapuram to IV Additional District Court Cum Family Court, Kurnool and to pass IA NO: 1 OF 2026 VGKR,J Tr.C.M.P.NO.57 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 D.O.P. No.27 of 2025, on the file of Court of the Principal District Judge at Ananthapuram, pending disposal of the above Transfer Miscellaneous Petition and pass Counsel for the Petitioner: 1. G V SHIVAJI Counsel for the Respondent: 1. The Court made the following: VGKR,J Tr.C.M.P.NO.57 OF 2026 THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 57/2026 ORDER: Today, when the matter is taken up for hearing, it is represented by the learned counsel for the petitioner that, in compliance with the orders of this Court dated 30.03.2026, notice has been sent to the learned counsel on record appearing for the respondent before the court below. The same was served on the learned counsel for the respondent before the court below on 13.04.2026. Proof of service has been filed before the Registry on 20.03.2026 vide U.S.R. No.46387 of 2026, along with the Postal Track Consignment Sheet downloaded from the Postal Department website, and the same is placed on record. 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 transfer the D.O.P.No.27 of 2025, on the file of the learned Principal District Judge, Ananthapuram, to the file of the learned IV Additional District Court-cum-Family Judge Court, Kurnool, for trial and disposal. VGKR,J Tr.C.M.P.NO.57 OF 2026 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 19.09.2024 at Razak Function Hall, Ananthapuram Rural Mandal. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately with her mother in Kurnool. ii. The petitioner submitted that she had lodged a complaint, which was registered as F.I.R.No.87 of 2025, for the offences punishable under Sections 85 , 115(2), 351(2), 74, 89 r/w 3(5) BNS Act, 2023, and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Mahila Police Station, Kurnool, the same is pending for investigation. iii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed D.O.P.No.27 of 2025, on the file of the learned Principal District Judge, Anathapuramu, seeking dissolution of marriage under Section 10(1)(x) of the Indian Divorce Act, 1869, and the same is pending for VGKR,J Tr.C.M.P.NO.57 OF 2026 adjudication. The petitioner further pleaded that the distance between Kurnool and Ananthapuramu is approximately 150 Kilometers and it is very difficult for the petitioner/wife to appear before the court at Ananthapuramu, on each and every adjournment without any male assistance, and that she is constrained to file this petition. 4. Heard Sri G.V.Shivaji, learned counsel for the petitioner/wife. None appeared for respondent. 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 residing separately with her mother at Kurnool. The material on record further discloses that the respondent/husband filed a D.O.P.No.27 of 2025 on the file of the learned Principal District Judge, Ananthapuram, seeking dissolution of marriage under Section 10(1)(x) of the Indian Divorce Act, 1869, the same is pending for adjudication. 7. The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER HEERA1, held by considering the fact that “if a wife 1(2000) 10 SCC 304 VGKR,J Tr.C.M.P.NO.57 OF 2026 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.” 8. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha2 held 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 2 2022 LiveLaw (SC) 627 VGKR,J Tr.C.M.P.NO.57 OF 2026 than the inconvenience of the husband and therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife seeking transfer of D.O.P.No.27 of 2025, on the file of the learned Principal District Judge, Ananthapuram. 10. 10. In the result, the present Transfer Civil Miscellaneous Petition is allowed, and D.O.P.No.27 of 2025, on the file of the learned Principal District Judge, Ananthapuram, is hereby withdrawn and transferred to the file of the learned IV Additional District Court-cum-Family Judge Court, Kurnool. The learned Principal District Judge, Ananthapuram, shall transmit the case record in D.O.P.No.27 of 2025 forthwith, to the learned IV Additional District Court-cum-Family Judge Court, Kurnool, within a week from the date of receipt of the 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: 22.04.2026 LSP VGKR,J Tr.C.M.P.NO.57 OF 2026 69 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.57 of 2026 Date: 22.04.2026 LSP