APHC010051522026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] FRIDAY,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 33/2026 Between: Sri Gottipati Manidhar ...PETITIONER AND Smt Gonugunta Tejaswi ...RESPONDENT Counsel for the Petitioner: 1. K PALLAVI Counsel for the Respondent: SOWJANYA LAKKKULA TRANS. CIVIL MISC.PETITION NO: 34/2026 Between: Sri Gottipati Manidhar ...PETITIONER AND Smt Gonugunta Tejaswi ...RESPONDENT Counsel for the Petitioner: 1. K PALLAVI Counsel for the Respondent: 1. SOWJANYA LAKKKULA TRANS. CIVIL MISC.PETITION NO: 35/2026 Between: Gottipati Manidhar ...PETITIONER AND Gonugunta Tejaswi ...RESPONDENT Counsel for the Petitioner: 1. K PALLAVI Counsel for the Respondent: 1. SOWJANYA LAKKKULA The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION Nos.33, 34 & 35 of 2026 COMMON ORDER: The petitioner/husband in Tr.C.M.P.No.33 of 2026 filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw F.C.O.P.No.46 of 2023, on the file of the Judge, Family Court, Nellore, and transfer the same to the Judge, Family Court, Tirupati. The petitioner/husband in Tr.C.M.P.No.34 of 2026 filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw F.C.O.P.No.480 of 2024, on the file of the Judge, Family Court, Nellore, and transfer the same to the Judge, Family Court, Tirupati. The petitioner/husband in Tr.C.M.P.No.35 of 2026 filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw F.C.O.P.No.138 of 2022, on the file of the Judge, Family Court, Nellore, and transfer the same to the Judge, Family Court, Tirupati. 2. Since the issue involved in all the three (03) transfer civil miscellaneous petitions is one and the same and the parties in all the three (03) transfer petitions are also one and the same, the present transfer civil miscellaneous petitions are heard together and a common order is being passed in all the three (03) transfer petitions. 3. The case of the petitioner/husband in the transfer petitions in brief is as follows: I. The petitioner is the husband of the respondent/wife and their marriage was performed at Nellore City, SPSR Nellore District on 14.08.2020, as per the Hindu rites and customs. In view of the matrimonial disputes between both the parties, the respondent/wife along with her daughter aged about 4 years is staying at her parents’ house at Nellore. The petitioner further pleaded that the respondent/wife lodged a complaint before the Disha Women Police Station, Nellore, vide Cr.No.312 of 2021, under Sections 498-A and under Sections 3 & 4 of the Dowry Prohibition Act, and after completion of investigation, the Police filed charge-sheet vide C.C.No.22 of 2022, on the file of the Special Magistrate of First Class Mobile Court, Nellore and the same is pending for adjudication. The petitioner/husband further pleaded that the respondent/wife also filed a Maintenance Case vide M.C.No.50 of 2022, on the file of the Judge, Family Court, Nellore, seeking maintenance for herself and her minor child and also filed a case in F.C.O.P.No.46 of 2023, on the file of the Judge, Family Court, Nellore, under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights. The petitioner further pleaded that he had filed a case in F.C.O.P.No.138 of 2022, on the file of the Judge, Family Court, Nellore, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking dissolution of marriage and also filed another case in F.C.O.P.No.480 of 2024, under Sections 7 and 8 of the Hindu Minority and Guardianship Act, 1956 r/w Section 25 of the Guardian and Wards Act, 1890 and under Section 7 of the Family Courts Act, 1984, seeking custody of his minor daughter. II. Learned counsel for the petitioner/husband further contended that the respondent/wife completed her law graduation and got enrolled with the Bar Council of Andhra Pradesh vide Enrollment No.AP/1726/2025 and she is practicing as an advocate at Nellore District Court, as such, creating an embarrassing situation for the petitioner/husband to contest the case and as such, the petitioner/husband was constrained to file the present transfer petitions seeking to withdraw F.C.O.P.No.46 of 2023, F.C.O.P.No.480 of 2024 and F.C.O.P.No.138 of 2022, on the file of the Judge, Family Court, Nellore, and transfer the same to the Judge, Family Court, Tirupati. 4. Learned counsel for the respondent/wife filed counter affidavits in all the three (03) transfer petitions by denying the material allegations levelled by the petitioner/husband in the transfer petitions and requested to dismiss the transfer petitions filed by the petitioner. 5. Heard Smt. K.Pallavi, learned counsel appearing for the petitioner/husband and Ms. L.Sowjanya, learned counsel for the respondent/wife. Perused the material available on record. 6. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha1 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.” 7. In the present case at hand, admittedly, both the parties are residing at Nellore at which place the cases in F.C.O.P.No.46 of 2023, F.C.O.P.No.480 of 2024 and F.C.O.P.No.138 of 2022, on the file of the Judge, Family Court, Nellore are pending. The grounds urged by the petitioner/husband for seeking transfer of the aforesaid cases is that since the respondent/wife herein is a practicing advocate at Nellore and that the cases in F.C.O.P.No.46 of 2023, F.C.O.P.No.480 of 2024 and F.C.O.P.No.138 of 2022, on the file of the Judge, Family Court, Nellore may be transferred to the Judge, Family Court, Tirupati. But, the aforesaid alleged ground urged by the petitioner/husband for seeking transfer of the aforesaid cases is meaningless and the same cannot be considered as a ground for transfer of the cases from one place to another place situated in different district. 1 2022 LiveLaw (SC) 627 8. On considering the submissions made by the learned counsel appearing for both sides and in view of the ratio laid down in the aforesaid case law that in matrimonial proceedings, the convenience of the wife has to be considered than that of the inconvenience of the husband. Admittedly, the respondent/wife is staying at Nellore along with her minor daughter aged about 4 years and the petitioner/husband is also staying at Nellore and the aforesaid all the cases are pending before the competent courts at Nellore. In view of the aforesaid reasons, I do not find any merit and subsistence in the contentions taken by the petitioner and as such, the present Transfer Civil Miscellaneous Petitions are liable to be dismissed as devoid of merit. 9. In the result, the Transfer Civil Miscellaneous Petitions are dismissed. 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: 24.04.2026 SRT