Andhra Pradesh High Court - Amravati
The Hon'Ble Sri Justice vs As Per The Postal Track Consignment ... on 30 December, 2025
THE HON'BLE SRI JUSTICE V. GOPALA KRISHNA RAO
TRANSFER CIVIL MISCELLANEOUS PETITION No.390 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 12.12.2025 vide U.S.R.No.146386 of 2025, 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 returned as "Addressee refused" on 08.12.2025. Despite service of notice, there is no representation on behalf of respondent. Therefore, „service held sufficient‟.
2. The petitioner/husband herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908 (for short, „the C.P.C.‟), seeking to withdraw H.M.O.P.No.50 of 2024, on the file of the Civil Judge (Senior Division), Bobbili and transfer the same to the Civil Judge (Senior Division), Vizianagaram, for trial and disposal.
3. The averments in the affidavit of the petitioner goes to show that, due to matrimonial disputes between the petitioner and the respondent, the petitioner/husband initially filed F.C.O.P.No.327 of 2023, under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, on the file of the learned Family Court-cum-XIV Additional District Judge, Vijayawada, seeking dissolution of marriage. Later, the respondent/wife filed 2 Tr.C.M.P.No.105 of 2024, seeking to transfer F.C.O.P.No.327 of 2023, on the file of the Family Court-cum-XIV Additional District Judge, to the file of the Civil Judge (Senior Division), Bobbili. The said Transfer Civil Miscellaneous Petition was allowed, and it was renumbered as H.M.O.P.No.50 of 2024, on the file of the Civil Judge (Senior Division), Bobbili. Now, the present Tr.C.M.P.No.390 of 2025 is filed by the petitioner/husband seeking transfer of H.M.O.P.No.50 of 2024, on the file of the Civil Judge (Senior Division), Bobbili, to the Civil Judge (Senior Division), Vizianagaram.
4. The grounds urged by the petitioner for seeking transfer of H.M.O.P.No.50 of 2024, on the file of the Civil Judge (Senior Division), Bobbili, to the Civil Judge (Senior Division), Vizianagaram, are that his parents are suffering from health problems and that the petitioner herein is the only son to his parents, who has to take care of them. The petitioner further pleaded that it is very difficult for him to appear before the learned Civil Judge (Senior Division), Bobbili, to prosecute the said case and that he is constrained to file this application.
5. Heard Sri Satya Sreenivasa Rao.K, learned counsel for the petitioner.
6. Perused the material available on record.
7. It is brought to the notice of the Court by the learned counsel for the petitioner that, in H.M.O.P.No.50 of 2024, the evidence of the petitioner herein and the witnesses of the petitioner have been recorded, and now 3 the matter is posted for the respondent/wife‟s evidence, which is pending before the Civil Judge (Senior Division), Bobbili. Learned counsel for the petitioner urged that, in case if this Court is not inclined to transfer H.M.O.P.No.50 of 2024, the personal appearance of the petitioner/husband before the Civil Judge (Senior Division), Bobbili, in H.M.O.P.No.50 of 2024 may be dispensed with and also a time limit may be fixed for the learned Civil Judge (Senior Division), Bobbili, for speedy disposal of H.M.O.P.No.50 of 2024.
8. On considering the submissions made by the learned counsel for the petitioner, since H.M.O.P.No.50 of 2024 is posted for respondent evidence, it is not desirable to transfer H.M.O.P.No.50 of 2024 to some other Court, therefore, I am of the considered view of that there are no merits in the present Transfer Civil Miscellaneous Petition.
9. In the result, this Transfer Civil Miscellaneous Petition is disposed of at the stage of admission. The Civil Judge (Senior Division), Bobbili, is hereby directed not to insist on the personal appearance of the petitioner herein, i.e., the petitioner in H.M.O.P.No.50 of 2024, as long as his counsel is attending the Court proceedings and representing the case, except on the day when his personal appearance is required, as directed by the learned Civil Judge (Senior Division), Bobbili. Further, the learned Civil Judge (Senior Division), Bobbili, is hereby directed to dispose of H.M.O.P.No.50 of 2024 on merits within two (2) months from the date of receipt of a copy of this order. The learned Civil Judge (Senior Division), 4 Bobbili, is instructed to send the compliance report to the Registrar (Judicial). 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: 30.12.2025 MH 5 84 THE HON'BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.390 of 2025 Date: 30.12.2025 MH