THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.328 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 to withdraw the F.C.O.P.No.552 of 2025, on the file of learned Judge, Family Court, Guntur and transfer the same to the file of learned Judge, Additional Family Court, Visakhapatnam 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 27.08.2021 at VAR Gardens, Inner Ring Road, Guntur, as per Hindu Rights and Customs. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents‟ house at Vishakapatnam. The petitioner got filed F.C.O.P.No.1269 of 2025, on the file of learned Judge, Additional Family Court, Vishakapatnam, under Section 9 of Hindu Marriage Act, 1955 seeking restitution of conjugal rights and the same is pending for adjudication.

ii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed F.C.O.P.No.552 of 2025, on the file of learned Judge, Family Court, Guntur, seeking for dissolution of the marriage under Section 13(1) (ia) of Hindu Marriage Act, 1955, and the same is pending for adjudication. The petitioner further pleaded that the distance between Visakhapatnam and Guntur is approximately 400 kms, and that it is very difficult for the petitioner/wife to appear before the learned Judge, Family Court, Guntur, on each and every adjournment without any male assistance, and that she is constrained to file this petition.

4. Heard both sides learned counsel on record.

5. Learned counsel for the petitioner submits that the petitioner herein filed F.C.O.P.No.1269 of 2025, on the file of learned Judge, Additional Family Court at Visakhapatnam and F.C.O.P.No.552 of 2025 that was instituted by the respondent/husband before the learned Judge, Family Court, Guntur, therefore both the cases are tried by the same Judge.

6. Learned counsel for the respondent submits that he has no objection, to transfer the F.C.O.P.No.552 of 2025 from the learned Judge, Family Court, Guntur to the file of learned Judge, Additional Family Court, Visakhapatnam and he also represented that some time limit may be fixed on the transferee Court for disposal of the F.C.O.P.No.552 of 2025 filed by the respondent/husband before the learned Judge, Family Court, Guntur. Learned counsel for the petitioner fairly conceded that he has no objection, if this Court fixes a time rider on the transferee Court for early disposal of the case.

7. Perused the material available on record.

8. 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 Visakhapatnam and depending upon the mercy of her parents‟ house. The material on record further discloses that the respondent/husband filed a divorce petition against the petitioner/wife vide F.C.O.P.No.552 of 2025, on the file of learned Judge, Family Court, Guntur, seeking for dissolution of the marriage under Section 13(1) (ia) of Hindu Marriage Act, 1955 and the same is pending for adjudication.

9. 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

(2000) 10 SCC 304

petition is filed by her husband, then the transfer petition filed by the wife may be allowed.”

10. 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