Andhra Pradesh High Court - Amravati
4 vs Harish on 10 February, 2026
THE HON'BLE SRI JUSTICE V. GOPALA KRISHNA RAO
TRANSFER CIVIL MISCELLANEOUS PETITION No.120 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 field before the Registry on 03.02.2026 vide U.S.R.No.12338 of 2026, along with the Postal Track Consignment Sheet downloaded from the Postal Department Website and the same has been placed on record. As per the Postal Track Consignment Sheet, the registered notice sent to the respondent and the same was served on 27.01.2026. 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 the H.M.O.P.No.21 of 2024, on the file of learned Senior Civil Judge, Kadiri, Sathyasai District, and transfer the same to the file of learned Senior Civil Judge, Madanapalle, Annamaiah 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 26.05.2022 at Sri Polam Siddareddy Kalyana Mandapam, 2 Kokanti Cross, Kadiri, Ananthapur District, as per Hindu Marriage customs and rituals. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents‟ house at Madanapalle.
The petitioner‟s mother filed a complaint registered as Crime No.29 of 2023, on the file of II Town Police Station, Madanapalle, under Section 498(A) r/w 34 IPC and Section 3 and 4 of DVC act and the same is numbered as C.C.No.85 of 2023, on the file of learned II Additional Judicial Magistrate of First Class, Madanapalle. The petitioner also lodged a complaint on 15.03.2024, which is registered as FIR.No.62 of 2024, on the file of I Town Police Station, under Section 341, 323, 506 and 509 IPC and the same is numbered as C.C.No.219 of 2024, on the file of learned II Additional Judicial Magistrate of First Class, Madanapalle. She also got filed D.V.C.No.24 of 2023, on the file of I Additional Junior Civil Judge, Madanapalle and M.C.No.2 of 2025, on the file of learned II Additional Judicial Magistrate of First Class, Madanapalle and the same are pending for adjudication.
ii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the
petitioner, filed H.M.O.P.No.21 of 2024, on the file of learned 3 Senior Civil Judge, Kadiri, Sathyasai District, seeking for dissolution of the marriage under Section 13(1) (ia) of Hindu Marriage Act, 1955 and the same is pending for adjudication. The petitioner further pleaded that the distance between Kadiri and Madanapallie is approximately 150 kms, and that it is very difficult for the petitioner/wife to appear before the learned Senior Civil Judge, Kadiri, on each and every adjournment without any male assistance, and that she is constrained to file this petition.
4. Heard Sri V.Dushyanth Reddy, 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 residing separately in her parents‟ house at Madanapalle and depending upon the mercy of her parents. The material on record further discloses that the respondent/husband filed a divorce petition against the petitioner/wife vide H.M.O.P.No.21 of 2024, on the file of learned Senior Civil Judge, Kadiri, Sathyasai District, seeking for dissolution of the marriage under Section 13(1) (ia) of Hindu Marriage Act, 1955, the same is pending for adjudication. The petitioner also got filed D.V.C.No.24 of 2023, on the file of I Additional Junior Civil Judge, Madanapalle and M.C.No.2 of 2025, on the file of learned II 4 Additional Judicial Magistrate of First Class, Madanapalle and the same are 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 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 1 (2000) 10 SCC 304 2 2022 LiveLaw (SC) 627 5 case laws that, in matrimonial proceedings, the convenience of the wife has to be taken into consideration rather 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 H.M.O.P.No.21 of 2024, on the file of learned Senior Civil Judge, Kadiri, Sathyasai District.
10. In the result, the present Transfer Civil Miscellaneous Petition is allowed, and H.M.O.P.No.21 of 2024, on the file of learned Senior Civil Judge, Kadiri, Sathyasai District is hereby withdrawn and transferred to the file of the learned Senior Civil Judge, Madanapalle, Annamaiah District. The learned Senior Civil Judge, Kadiri, Sathyasai District, shall transmit the case record in H.M.O.P.No.21 of 2024, to the file of learned Senior Civil Judge, Madnapalle, Annamaiah District, 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: 10.02.2026 MH 6 7 THE HON'BLE SRI JUSTICE V. GOPALA KRISHNA RAO 24 TRANSFER CIVIL MISCELLANEOUS PETITION No.120 of 2025 Date: 10.02.2026 MH