IMPORTANT POINT
Transfer of Matrimonial Petition – In matrimonial proceedings, convenience of wife has to be taken into consideration than that of inconvenience of husband.

ORDER

When the matter was listed on the last occasion i.e., on 30.12.2025, there was no representation on behalf of the respondent and that the matter was adjourned to today i.e. 2.1.2026.

2. Today, when the matter is listed under the caption ‘For Orders’, there is no representation on behalf of the respondent.

3. 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 withdrawal of H.M.O.P.No.63 of 2024 on the file of the Civil Judge (Senior Division) Kavali, S.P.S.R. Nellore District and transfer the same to the file of the Civil Judge (Senior Division), Tanuku, West Godavari District, for trial and disposal of the same.

4. 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 04.02.2022, in the presence of both side elders and well-wishers at Avula Ramana Reddy Kalyana Mandapam, Kaligiri Village, S.P.S.R. Nellore District, as per the Hindu Rites and Caste 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 Peravali Village, West Godavari District. The petitioner/wife further pleaded that in view of the harassment made by the respondent/husband herein she lodged a complaint against the respondent/husband dated 15.02.2024, which was registered as F.I.R.No.44 of 2024 for the offence punishable under Sections 498-A r/w 34 of I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Peravali Police Station, East Godavari District, after completion of investigation, Police laid a charge sheet and the same was numbered as C.C.No.888 of 2024 on the file of the I Additional Junior Civil Judge- cum-Judicial Magistrate of First Class, Tanuku, West Godavari District, the same is 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 H.M.O.P.No.63 of 2024 on the file of the Civil Judge (Senior Division) Kavali, S.P.S.R. Nellore District, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, 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 Peravali Village, West Godavari District. The distance between Peravali Village, West Godavari District and Kavali S.P.S.R. Nellore District is approximately 350Kms 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 Kavali, S.P.S.R. Nellore District without any male assistance and that she was constrained to file the present petition against the respondent /husband herein, seeking for withdrawal of H.M.O.P.No.63 of 2024 on the file of the Civil Judge (Senior Division) Kavali, S.P.S.R. Nellore District and transfer the same to the file of the Civil Judge (Senior Division), Tanuku, West Godavari District, for trial and disposal of the same.

5. Heard Mr. K. Sri Sai Sanjay, learned counsel for the petitioner.

6. Though the matter was listed under the caption ‘for orders’, there is no representation behalf of the respondent.

7. Perused the material available on record.

8. The material on record prima facie shows that, in view of the matrimonial disputes between the spouses, the petitioner/wife has been residing separately in her parents’ house at Peravali Village, West Godavari District and she has filed a Criminal Case i.e., C.C.No.888 of 2024 on the file of the I Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Tanuku, West Godavari District, the same is pending for adjudication and the respon