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2025 Supreme(Online)(AP) 10197

HIGH COURT OF ANDHRA PRADESH
VENUTHURUMALLI GOPALA KRISHNA, J
Matte Lavanya – Appellant
Versus
Matte Venkata Naresh – Respondent
TRCMP NO: 175 OF 2025



Advocates:
For the Appellants/Petitioners: Sri Madhava Rao Nalluri
For the Respondents: --

The court can grant interim relief by staying proceedings for the convenience of a party facing undue hardship due to distance.

Headnote:(A) Hindu Marriage Act, 1955 - Section 13(1)(ia) - Petition for dissolution of marriage filed by husband - The petitioner, residing in a different district due to matrimonial disputes, seeks transfer of proceedings for convenience - Immediate concerns for the petitioner highlighted due to the geographical distance of over 300 kms to the hearing location. (Paras 1-3)

(B) Civil Procedure Code - Section 151 - Application to stay proceedings - The court grants an interim stay on the respondent’s appearance in the Family Court pending further order, ensuring that the petitioner does not face undue hardship. (Paras 4-6)

Facts of the case:
The petitioner filed this transfer petition due to ongoing matrimonial disputes with the respondent, making it challenging for her to travel to court in Nellore.

Findings of Court:
An interim stay on proceedings of the Family Court has been granted until 30.07.2025.

Issues: The key issue addressed was the necessity for transfer of proceedings due to the distance causing undue hardship to the petitioner.

Ratio Decidendi: The court acknowledged the undue hardship posed by geographical distance and provided a stay on proceedings in the interest of justice and convenience.

Result: Interim stay granted on further proceedings in F.C.O.P No. 75 of 2025.

Table of Content
1. interim stay granted for convenience. (Para 4)

`` ,///a IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV TUESDAY ,THE TWENTY FOURTH DAY OF JUNE':

TWO THOUSAND AND TWENTY FIVE :PRESENT:

HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RA•|/-G IANo.1 OF2025 lN TRCMP NO: 175 OF 2025 Between.I Matte Lavanya, w/o. M.Venkata Naresh, D/o. Mulam Koteswara Rao, Aged about 32 years, R/o.D.No.94 A, Near Sivalayam Temple, Tadika'apudi village, Kamavarapu Kota Mandal, EIuru DistrI-Ct.

...PetitI-Oner(S)

(Petitioner in TRCMP 175 OF 2025 on the file of HI'gh Court)

AND Matte Venkata Naresh, , s/o. subba Rao, Aged about 40 years, R/o.D.No.27/4/353-2, 2nd FIoor, 4th Lane, Ramji Nagar, ChI|Idrens Park, NeIIore, SPSR Nellore DI'StrI'Ct.

...Respondent(s)

(Respondents in-do-)

Counsel for the petitioner .I SRI MADHAVA RAO NALLURI Counsel for the Respondent :--

Petition under section 151 CPC praying that in the circumstances stated in the affldavl®t filed in support of the petition, the High Court may be pleased to stay all further proceedings in FCOP No. 75 of 2025 on the file of the Family € i + I./

Court Gum VI Additional District & Sessions Judge, Nellore, Pending disposal of TRCMP No. 175 of 2025, on the file of the High Court.

The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order wi[[ be deemed to be the receipt of notice in the case).

ORDER f£Heard Sri M.Sai Teja, learned counsel representing Sri Madhava Rao Nalluri, learned counsel for the petitioner.

Learned counsel for the petitioner contends that the petitioner is none other than the wife of the respondent/husband, due to the mat:rimonial disputes between both the parties, the petitioner/wife is residing separately at Tadikalapudi Village, Kamavarapu Kota Mandal, EIuru District at her fatherJs house.

Learned c,ounsel for the petitioner would contend that to cause unnecessary inconvenience to the petitioner/wife, the respondent/husbancl has filed F.C.O.P.No.75 of 2025, on the file of the Judge, Family Court, Nellore, under Section 13 (1)(ia) of the Hindu Marriage Act,1955 seeking for dissolution of marriage. He would further contend that the distance in between E[uru District and NeIIore District is approximately more 1:hah

300kms, ancl therefore, it is very difficult for the petitioner to appear before the Judge, Family Court, Nellore, on each and every adjournment without any male support and that the petitioner/wife is constrained to file the Present transfer Petition.

Perused the record.

Considering the submissions made by the learned counsel for the -`-petitioner and for 1:he reasons mentioned in 1:he accompanying affidavit, there -Shall be an interim stay on all further proceedings including the appearance of the petitioner i.e., the respondent in F.C.O.P.No.75 of 2025, on the file of the Judge, Family Court, NeI,lore, till 30.07.2025, Learned counsel for the petitioner is permitted to take out personal notice to the respondent through Registered Post with Acknowledgment Due and file proof of service before the Registry."

SD/- K.SR[NIVAS,'3. ,q-3AJPJ ASSISTANT RE EH ri GISTRAR SECTION O iCEP-

//TRUE COPY//

For A`.

To, 1. The Family Court Gum VI Additional District & Sessions Judge, NeIIore

2. Matte Venkata Naresh, , S/o. Subba Rao, Aged about 40 years, R/o.D.No.27/4/353-2, 2nd Floor, 4th Lane, Ramji Nagar, Childrens Park, Nellore, SPSR Nellore District.( By RPAD)

3. One CC to SRl. MADHAVA RAO NALLURI Advocate [OPUC]

4. One spare copy HIGH COURT VGKR,J DATED : 24/06/2025 POST THE MATTER ON 30.07.2025.

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