Andhra Pradesh High Court - Amravati
Smt Manchala Madhavi vs Manchala Venkata Srinivasa Rao on 3 September, 2025
APHC010396732025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
3
WEDNESDAY, THE THIRD DAY OF SEPTEMBER^
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO
TRANS. CIVIL MISC.PETITION NO: 244 OF 2025
Between:
Smt Manchala Madhavi, W/o.Manchala Venkata Srinivasa Rao,
D/o.Gumma Nageswara Rao, Hindu, aged about 40 years, Occ: House
wife, presently residing at Door No.22-21/8 Telaga Veedhi, Saluru
Parvatipuram Manyam District (Erstwhile Vizianagaram District), A.P.
...Petitioner/Respondent
AND
Manchala Venkata Srinivasa Rao, S/o.Krishna Murthy, Hindu, aged
about 44 years, Occ: Contractor, R/o.D.No.2-123 Nadimpalli Village
Cherukupalli Mandal, Bapatia District, Andhra Pradesh State.
...Respondent/Petitioner
Petition filed 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 to transfer HMOP.No.51 of 2025 on the file of the Senior Civil Judge's
Court at Repalle, Guntur District to Senior Civil-I Judge's Court at Bobbili of
Vizianagaram District.
lA NO: 1 OF 2025
Petition filed 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 to stay all further proceedings in HMOP.No.51 of 2025 on the file of
Senior Civil Judge, Repalle, Guntur District.
Counsel for the Petitioner: Sri Mallikarjuna Reddy Y
Counsel for the Respondent: Sri Chaitanya Pondugala (Not present)
The Court made the following:
THE HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO
TRANSFER CIVIL MISCELLANEOUS PETITION No.244 of 2025
ORDER;
Today when the rnait! is taken up for hearing,
Sri Y.Mallikarjuna Freddy, learned counsel for the petitioner has
represented that the proof of service memo dated 18.08.2025, along
with the postal track consignment sheet downloaded from the Postal
Department Website has been filed before the Registry and the same
is placed on the record. As per the track consignment sheet, the
registered notics cent to was se^n/ed on him on
14,08.2025. Therefore, service heid sufficient. None appeared for the
res.pondent.
2. The petstioner/wife filed die present petition under Section 24 of
the Code of Civil Procedure, 1908, seeking to withdraw
H.y.O.P.No.51 of 2025, on the file of the Senior Civil Judge Court,
Repalle, Guntur District and transfer the same to the Senior Civil
Judge Court, at Bobiili, Vizianagaram District.
3. The case of the petitioner in brief is as follows;
The petitiorser is the legally weaded wife of the respondent and
their marriage has been performed at Bapatia District on
2
&
27.08.2005, as per Hindu rites and customs, in view of the
matrimonial disputes between both the parties, the
petitioner/wife along with her children aged about 19 years and
17 years are staying at her parents' house at F^arvathipuram
Manyam District, depending upon the mercy of her parents and
the children are prosecuting their studies. The learned counsel
for the petitioner would contend that to cause inconvenience to
the petitioner, the respondent/husbarid filed H.M.O.FhNo.51 of
2025, on the file of the Senior Civil Judge Court, Repalle, Guntur
District, under Section 13(1)(ib) of the Hindu Marriage Act, 1955,
seeking for dissolution of ; r!er' iag6
II. Learned counsel for the petitioner further contended that the
petitioner being a woman having children aged about 19 years
and 17 years, who are prosecuting their studies are depending
upon the mercy of her parents, it is very difficult for the
petitioner/wife to travel at a distance of approximately more than
500 Kms from Parvathipuram to Repalle for attending the Court
proceedings before the learned Senior Civil Judge Court,
Repalle, Guntur District, without any male suppotlt and that she
was constrained to file the present petition against the
respondent/husband seeking to withdraw H.M.O.P.No.51 of
2025, on the file of the Senior Civil Judge Court, Repalle, Guntur
3
District and transfer the same ot the Senior Civil Judge Court, at
Bobili, Vizianagaram District,
4. Heard Sri Y.!V!al!ikarjuna Reddy, learned counsel for the
petitioner. Though registered notice sent to the respondent was served
on him, none appeared for the respondent. Therefore, service held
sufficient. Perused the materia! available on record.
5. The material on record prima facie goes to show that in view of
the matrimonial disputes between both the parties, the petitioner/wife
along with her children aged about 19 years and 17 years are staying
at her parents' house at Parvathipuram Manyam District and the
children ot the: peiitioriei are prosecuting their studies at
Parvathipuram. The respondent/husband has filed H.M.O.P.No.51 of
2025, on the file of the Senior Civil Judge Court, Repalle, Guntur
District, under Section 13(1)(!b) of the Hindu Marriage Act, 1955,
seeking for dissolution of marriage.
6. The Apex Court in a case of GEETA HEERA Vs HARISH
CIHANDER, HEEFIAT, held by considering the fact that "if a wife does
not have sufficient funds ot visit the place where the divorce petition is
filed by her husband, then the transfer petition filed by the wife may be
allowed."
(2000) 10 see 304
4
4a
7. The Apex Court sn a case
of M.C.V. Aishwarya Vs
A.S.Saravana Karthik Sha^' neid 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 m the Indian society, generally, it is the wife's
convenience which must be looked at while considering transfer"
8.
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 considered than that of the inconvenience of the husband.
Therefore, this Court is of the considered view that there are grcsurids
to consider the request of the oetitioner/wife to withdraw
H.M.O.P.No.51 of 2025, on the file of the Senior Civil Judge Court,
Repalle, Guntur District and transfer the same to the Senior Civil
Judge Court, at Bobili, Vizianagaram District,
^ 2022 LiveLaw (SC) 627
5
in the result, the present petition is allowed and H.M.O.P.No.51
of 2025, on the file of the Senior Civil Judge Court, Repalle, Guntur
District, is hereby withdrawn and trarssferred to the Senior Civil Judge
Court, at Bobili, Viziianagaram District. The Senior Civil Judge Court,
Repalle, Guntur District, shall transmit the case record in
H.M.O.P.No.51 of 2025 to the Senior Civil Judge Court, at Bobili,
Vi2:ianagaram District, duly indexed as expeditiously as possible
preferably within a period of two (02) weeks from the date of receipt of
a copy of the order. There shall be no order as to costs.
As a sequel, rniscellaneous petitions, if any pending and the
Interim order granted earlier, any, shall stand closed.
Sd/- K SRINIVASA RAJU
ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
1. The Civil Judge (Senior Division), Repalle, Guntur District.
2. The Civil Judge (Senior Division), Bobbili, Vizianagaram District.
3. Smt Manchala Madhavi, W/o.Manchala Venkata Srinivasa Rao,
D/o.Gumma Nageswara Rao, Presently residing at Door No.22-21/8,
Telaga Veedhi, Saluru, Parvatipuram Manyam District (Erstwhile
Vizianagaram District), A.P.
4. Manchala Venkata Srinivasa Rao, S/o.Krishna Murthy, Occ;Contractor
R/o.D.No.2-123, Nadimpalli Village, Cherukupalli Mandal, Bapatia
District, Andhra Pradesh State.
5. One CC to Sri Mallikarjuna Reddy Y, Advocate [OPUC]
6. One CC to Sri Chaitanya Pondugala, Advocate [OPUC]
7. Two CD Copies
BSV
sree
highcourt
DATED;03/09/2025
ORDER
TRCMP no. 244 OF 2025 O' g 10 SEP 2025 m.
. Current beciion .
!!55g£PATC^^' ALLOWING THE TR.CMP WITHOUT COSTS