THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.8 of 2026

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 09.02.2026 vide U.S.R.No.15436 of 2026, 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 served. Despite service of notice, there is no representation on behalf of respondent. Therefore, „service held sufficient‟.

2. 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 to withdraw the F.C.O.P.No.94 of 2025, on the file of learned Family District Judge, Ongole, and transfer the same to the file of learned VI Additional District Judge, Bapatla for trial and disposal.

3. 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 20.10.2020 at Sri Mallikharjuna Kamakshi Ammavaru Devasthanam, Jonnawada, Nellore, in the presence of elders and well wishers, as per Hindu Marriage customs and rituals. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents‟ house at Bapatla, along with her child. The petitioner lodged a complaint on 18.04.2025, which is registered as Crime No.24 of 2025, on the file of Mahila Police Station, Ongole. She also got filed M.C.No.30 of 2025, on the file of learned Additional Civil Judge(Junior Division)-cum-Judicial Magistrate of I Class, Bapatla, seeking maintenance and D.V.C.No.13 of 2025, on the file of learned Additional Civil Judge(Junior Division)-cum-Judicial Magistrate of I Class, Bapatla, and the same are pending for adjudication.

ii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed F.C.O.P.No.94 of 2025, on the file of learned Family District Judge, Ongole, seeking for dissolution of the marriage under Section 13(1) (ia) (ib) of Hindu Marriage Act, 1955 and the same is pending for adjudication. The petitioner further pleaded that it is very difficult for the petitioner/wife to appear before the Family Court, Ongole, on each and every adjournment without any male assistance, and that she is constrained to file this petition.

4. Heard Sri K.S.S.Sanjay, learned counsel for the petitioner.

5. Perused the material available on record.

6. The material on record prima facie shows that, in view of the matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents‟ house at Bapatla along with her male child and depending upon the mercy of her parents. The material on record further discloses that the respondent/husband filed a divorce petition against the petitioner/wife vide F.C.O.P.No.94 of 2025, on the file of learned Family District Judge, Ongole District, seeking for dissolution of the marriage under Section 13(1) (ia) (b) of Hindu Marriage Act, 1955, the same is pending for adjudication. The petitioner also got filed M.C.No.30 of 2025, on the file of learned Additional Civil Judge(Junior Division)-cum-Judicial Magistrate of I Class, Bapatla, seeking maintenance and D.V.C.No.13 of 2025 on the file of learned Additional Civil Judge(Junior Division)-cum-Judicial Magistrate of I Class, Bapatla, and the same are pending for adjudication.

7. 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.”

(2000) 10 SCC 304

8. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha, 2022