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2026:APHC:18670

THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.82 of 2026

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 H.M.O.P.No.76 of 2025 on the file of the learned Senior Civil Judge, Kovvur, SPSR Nellore District and transfer the same to the file of the learned Senior

Civil Judge, Kandukur, Prakasam District 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 09.08.2024 as per Hindu Marriage customs and rituals at Buchireddypalem, Nellore. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately at Chinnapavani Village, Lingasamudram Mandal near Kandukur, in

her parents‟ house along with her kid aged about 1 year.

ii. The petitioner pleaded that she filed H.M.O.P.No.137 of 2025 on the file of learned Senior Civil Judge, Kandukur, Prakasam District, seeking restitution of conjugal rights under Section 9 of the

Hindu Marriage Act, and the same is pending adjudication.

iii. The petitioner further pleaded that the respondent/husband, filed H.M.O.P.No.76 of 2025, on the file of learned Senior Civil Judge, Kovvur, SPSR Nellore District, seeking dissolution of

2026:APHC:18670 marriage, under Section 13(1) (ia) of the Hindu Marriage Act, 1955 and the same is pending adjudication. The petitioner further pleaded that the distance between Kandukur and Kovvur is more than 300 kms and it is very difficult for the petitioner/wife to appear before the learned Senior Civil Judge, Kovvur, on each and every adjournment without any male assistance, and that she is constrained to file this

petition.

3. Heard Sri Md. Saleem, learned counsel for the petitioner and Sri Siva

Prasad Reddy Venati, learned counsel for the respondent.

4. The learned counsel for the respondent would contend that the respondent is working as a software engineer and currently residing at

Hyderabad.

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 at Chinnapavani Village, Lingasamudram Mandal near Kandukur, in her parents‟ house along with her kid aged about 1 year, depending upon the mercy of her parents‟. The material on record discloses that the respondent/husband, filed H.M.O.P.No.76 of 2025, on the file of learned Senior Civil Judge, Kovvur, SPSR Nellore District, seeking dissolution of marriage, under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 and the same is pending adjudication. The material on record further discloses that the petitioner/wife filed H.M.O.P.No.137 of 2025 on the file of learned Senior Civil

Judge, Kandukur, Prakasam District, seeking restitution of conjugal rights under Section 9 of the Hindu Marriage Act, and the same is pending

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.”

8. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha, 2026:APHC:18670held 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 behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both