Andhra Pradesh High Court - Amravati
Shaik Muskan vs Harish Chander on 2 January, 2026
APHC010656002025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3397]
(Special Original Jurisdiction)
FRIDAY,THE SECOND DAY OF JANUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA
KRISHNA RAO
TRANS. CIVIL MISC.PETITION NO: 408/2025
Between:
1.SHAIK MUSKAN, W/O. PUNAKAPALLI APSAR ALI, AGED 26 YEARS,
R/O. D.NO. 5- 237-8-24, APPARAO THOTA, MADANAPALLE
ANNAMAYYA DISTRICT.
...PETITIONER
AND
1.PUNAKAPALLI APSAR ALI, S/o. Punakapalli Anwar Basha, Aged 31
years, R/o. 19-4-320-28-8, Bhagya Nagar, 1STCross, Old Town,
OppTimber Depot, Ananthapur, Ananthapur District.
...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 withdraw the F.C.O.P. No. 140/2025 on the file of the Honble Family Court
Judge, Ananthapur District at Ananthapur and pleased to transfer the same to
any competent court in Chittoor District more precisely the Honble Principal
Civil Judge (Junior Division) Court, Madanapalle or to any other competent
court and pass such other order or orders may deem fit and proper in the
circumstances of the case.
IA NO: 1 OF 2025
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 F.C.O.P. No. 140/2025 on the file of
the Honble Family Court Judge, Ananthapur District at Ananthapur and pass
such other order or orders may deem fit and proper in the circumstances of
the case
Counsel for the Petitioner:
1.BUGULU SREETEJA
Counsel for the Respondent:
1.
The Court made the following:
THE HON'BLE SRI JUSTICE V. GOPALA KRISHNA RAO
TRANSFER CIVIL MISCELLANEOUS PETITION No.408 of 2025
ORDER:
Today, when the matter has been taken up for hearing, learned counsel for the petitioner has submitted that, proof of service Memo has been filed before the Registry on 24.12.2025 vide U.S.R.No.152768 of 2025, along with the Postal Acknowledgment Sheet and the same has been placed on record. As per the Postal Acknowledgment Sheet, the registered notice sent to the respondent and the same was served on 20.12.2025. 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 for withdrawal of F.C.O.P.No.140 of 2025 on the file of the Judge, Family Court, Ananthapur and transfer the same to the file of the Principal Civil Judge (Junior Division) Madanapalle, Chittoor District, or any competent Court in Chittoor District, for trial and disposal of the same.
3. The case of the petitioner in brief is as follows:
I. The petitioner is legally wedded wife of the respondent/husband and their marriage was solemnized on 05.05.2024, in the presence of both side elders and well wishers at Paradise Function Hall, Madanapalle, as per the Muslim Religious Rites and Customs. After that, due to the matrimonial disputes between the spouses; the petitioner/wife has been residing separately and depending upon the mercy of her parents at Madanapalle, Chittoor District. The petitioner/wife further pleaded that in view of the harassment made by the respondent/husband herein she lodged a complaint against him and his family members dated 20.06.2025, which was registered as F.I.R.No.09 of 2025 for the offence punishable under Sections 85, 351(2) r/w 3(5) of B.N.S. Act, 2023 and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the I Town Police Station, Madanapalle, after completion of investigation, Police laid a charge sheet and the same was numbered as C.C.No.707 of 2025 on the file of the II Additional Judicial Magistrate of First Class, Madanapalle. The petitioner/wife further pleaded that she has filed two (2) other cases against the respondent/husband viz.., Maintenance Case vide M.C.No.42 of 2025 on the file of the Judicial Magistrate of First Class, Madanapalle, under Section 125 of Cr.P.C, seeking maintenance and Domestic Violence Case vide D.V.C.No.507 of 2025 on the file of the I Additional Judicial Magistrate of First Class, Madanapalle, all the aforesaid cases are pending for adjudication.
II. Learned counsel for the petitioner would further contend that with a view to cause inconvenience and to harass the petitioner/wife, the respondent/husband herein filed a divorce petition vide F.C.O.P.No.140 of 2025 on the file of the Judge, Family Court, Ananthapur, under Section 307 of Mohammedan Law and Sections 7 & 8 of the Family Courts Act, 1984, seeking for dissolution of the marriage and the same is also pending for adjudication. III. Learned counsel for the petitioner would further contend that the petitioner being a woman, has been residing separately and depending upon the mercy of her parents at Madanapalle, Chittoor District, the distance between Madanapalle and Ananthapur is approximately 175Kms and it is very difficult for her to travel to attend the divorce case proceedings which was filed by the respondent/husband herein before the Court at Ananthapur without any male assistance and that she was constrained to file the present petition against the respondent/husband herein, seeking for withdrawal of F.C.O.P.No.140 of 2025 on the file of the Judge, Family Court, Ananthapur and transfer the same to the file of the Principal Civil Judge (Junior Division) Madanapalle, Chittoor District, or any competent Court in Chittoor District, for trial and disposal of the same.
4. Heard Mr. Bugulu Sreeteja, learned counsel for the petitioner.
5. Though notice has been served, there is no representation on behalf of the respondent. Therefore, 'service is held sufficient'.
6. Perused the material available on record.
7. The material on record prima facie shows that, in view of the matrimonial disputes between the spouses, the petitioner/wife has been residing separately at her parents' house in Madanapalle. She has instituted thee (3) cases against the respondent/husband viz., C.C.No.707 of 2025 on the file of the II Additional Judicial Magistrate of First Class, Madanapalle, Maintenance Case vide M.C.No.42 of 2025 on the file of the Judicial Magistrate of First Class, Madanapalle, under Section 125 of Cr.P.C, seeking maintenance and Domestic Violence Case vide D.V.C.No.507 of 2025 on the file of the I Additional Judicial Magistrate of First Class, Madanapalle, all the aforesaid cases are pending for adjudication and the respondent/husband is also attending the case proceedings before the competent Courts at Madanapalle. The material on record further discloses that the respondent/husband herein filed a divorce petition against the petitioner/wife vide F.C.O.P.No.140 of 2025 on the file of the Judge, Family Court, Ananthapur, under Section 307 of Mohammedan Law and Sections 7 & 8 of the Family Courts Act, 1984, seeking for dissolution of the marriage and the same is also pending for adjudication.
8. The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER HEERA1, held by considering the fact 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."
9. 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 1(2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 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."
10. 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 than that of the inconvenience of the husband. Therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, seeking for withdrawal of F.C.O.P.No.140 of 2025 on the file of the Judge, Family Court, Ananthapur and transfer the same to the file of the Civil Judge (Senior Division) Madanapalle, Chittoor District.
11. In the result, the present Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.140 of 2025 on the file of the Judge, Family Court, Ananthapur, is hereby withdrawn and transferred to the file of the Civil Judge (Senior Division) Madanapalle, Chittoor District. The learned Judge, Family Court, Ananthapur, shall transmit the case record in F.C.O.P.No.140 of 2025, to the Court of Civil Judge (Senior Division) Madanapalle, Chittoor District, duly indexed 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: 02.01.2026 CVD