THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.19 of 2026

ORDER:

Today, when the matter was taken up for hearing, Sri. Parimi Rama Rayudu, learned counsel for the petitioner submitted that proof of service Memo was filed before the Registry on 21.02.2026 vide U.S.R.No.22746 of 2026, along with the Postal Track Consignment Sheet downloaded from the Postal Department Website and the same is placed on record. As per the Postal Track Consignment Sheet, the registered notice sent to the respondent and the same was duly served on 09.02.2026. 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 for withdrawal of F.C.O.P.No.2081 of 2025 on the file of the Additional District Family Judge, Visakhapatnam, and transfer the same to the file of the Senior Civil Judge Court at Tadepalligudem, West Godavari District, for trial and disposal of the same.

3. 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

18.12.2020, in the presence of both side elders and well-wishers, at DSR Function Hall, Tadepalligudem, as per the Hindu Rites and Caste Customs. During their wedlock, the petitioner/wife and the respondent/husband were blessed with a female child on 26.10.2021. Thereafter, due to the matrimonial disputes between the spouses; the petitioner/wife along with her child aged about four (4) years has been residing separately and depending upon the mercy of her parents at Tadepalligudem, West Godavari District.

II. The petitioner/wife further pleaded that she has filed three (3) cases against the respondent/husband i.e. C.C.No.683 of 2024 on the file of the II Additional Civil Judge (Junior Division), Tadepalligudem, Maintenance Case vide M.C.No.15 of 2025 on the file of the Judicial Magistrate of First Class, Tadepalligudem, under Section 144 of B.N.S.S. Act, 2023, seeking maintenance from the respondent and Domestic Violence Case vide D.V.C.No.11 of 2025, on the file of the Judicial Magistrate of First Class, Tadepalligudem, the same are pending for adjudication.

III. The petitioner/wife further pleaded that with a view to cause inconvenience, the respondent/husband herein had filed a divorce petition vide F.C.O.P.No.2081 of 2025 on the file of the Additional District Family Judge, Visakhapatnam, 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.

4. Learned counsel for the petitioner contended that, the petitioner being a woman, has been residing separately along with her child aged about four (4) years and depending upon the mercy of her parents at Tadepalligudem, the distance between Tadepalligudem & Visakhapatnam is more than 250Kms and it is very difficult for the petitioner/wife to travel to attend the divorce case proceedings which was filed by the respondent/husband before the Court at Visakhapatnam without any male assistance and that she was constrained to file the present petition against the respondent/husband, seeking for withdrawal of F.C.O.P.No.2081 of 2025, on the file of the Additional District Family Judge, Visakhapatnam, and transfer the same to the file of the Senior Civil Judge Court at Tadepalligudem, West Godavari District, for trial and disposal of the same.

5. Heard Sri. Parimi Rama Rayudu, learned counsel for the petitioner.

6. Though notice has been served, there is no representation on behalf of respondent. Therefore, „service is held sufficient‟.

7. Perused the material available on record.

8. The material on record prima facie goes to shows that, in view of the matrimonial disputes between the spouses, the petitioner/wife herein along with her child aged about four (04) years has been