THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.398 of 2025

ORDER:

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.272 of 2025, on the file of the learned Principal Civil Judge (Senior Division), Tirupathi, and to transfer the same to the Court of the learned Principal Civil Judge (Senior Division), Adoni for trial and disposal.

2. 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 25.08.2021 at BGR Kalayana Mandapam, Srinivasa Mangapuram, Tirupati, as per Hindu rites and caste customs. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents‟

house at Adoni.

ii. The petitioner/wife further pleaded that, with a view to cause inconvenience to her, the respondent/husband filed a divorce petition vide H.M.O.P.No.272 of 2025, on the file of the learned Principal Civil Judge (Senior Division), Tirupathi, under Section 13(1)(ib) of the Hindu Marriage Act, 1955, for dissolution of marriage, and the same is also pending for adjudication.

3. Learned counsel for the petitioner would further contend that the petitioner, being a woman, has been residing at her parents‟ house at Adoni and depending upon the mercy of her parents and the distance between Adoni and Tirupathi is approximately 400 Kms and it is very difficult for her to travel to attend the case proceedings filed by the respondent/husband before the Court at Tirupathi without any male assistance, and that she was constrained to file the present petition against the respondent/husband, seeking withdrawal of H.M.O.P.No.272 of 2025, on the file of the learned Principal Civil Judge (Senior Division), Tirupathi, and transfer the same to the file of the learned Principal Civil Judge (Senior Division), Adoni, for trial and disposal of the same.

4. Learned counsel for the respondent would contend that there are no merits in the transfer petition filed by the petitioner, and the petition may be dismissed. Learned counsel for the respondent would further contend that, if this Court is inclined to transfer the H.M.O.P.No.272 of 2025, to the file of the learned Principal Civil Judge (Senior Division), Adoni, the personal appearance of the respondent/husband may be dispensed with.

5. Heard learned counsel appearing on both sides.

6. Perused the material available on record.

7. The material on record prima facie goes to show that, due to the matrimonial disputes between both parties, the petitioner/wife has been residing with her parents in Adoni. The material on record further reveals that the respondent/husband has instituted a petition against the petitioner/wife herein vide H.M.O.P.No.272 of 2025, on the file of the learned Principal Civil Judge (Senior Division), Tirupathi, seeking dissolution of marriage, and the same is also pending for adjudication. The material on record further reveals that no other cases are pending between both the parties except H.M.O.P.No.272 of 2025.

8. 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.”

9. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha, 2022 LiveLaw (SC) 627 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