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2025 DIGILAW 382 (AP)

Atmakooru Swathi v. Arigondram Jagadeesh

2025-02-28

VENUTHURUMALLI GOPALA KRISHNA RAO

body2025
ORDER : Venuthurumalli Gopala Krishna Rao, J. The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw H.M.O.P.No.26 of 2024 on the file of the Senior Civil Judge, Srikalahasthi, Chittoor District and transfer the same to the Court of Senior Civil Judge, Gudur, S.P.S.R. Nellore District, for trial. 2. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent and the marriage of the petitioner with the respondent was performed on 05.07.2018 at Swaraswath Kandriga Village, Yerpedu Mandal, Tirupati. During their wed-lock period, the petitioner/wife blessed with a child and in view of the matrimonial disputes between both the spouses, the petitioner/wife is staying separately along with her child aged about 3 years at her parents’ house at Uttamanelloore Village, Kota Mandal. II. The petitioner/wife further pleaded that, to cause unnecessary inconvenience to her, the respondent/husband filed H.M.O.P.No.26 of 2024 on the file of the Senior Civil Judge, Srikalahasthi, Chittoor District, under Section 13 of the HINDU MARRIAGE ACT , 1955, seeking dissolution of the marriage and the same is pending for adjudication. III. The petitioner/wife would further pleaded that, she being a woman and residing separately along with her child aged about 3 years at her parents’ house at Uttamanelloore Village, Kota Mandal, it is very difficult for her to travel at a distance of more than 100 Kms from Uttamanelloore Village to Srikalahasthi to attend the divorce case proceedings without any male support and that she was constrained to file the present petition seeking to withdraw H.M.O.P.No.26 of 2024 on the file of the Senior Civil Judge, Srikalahasthi, Chittoor District and transfer the same to the Court of Senior Civil Judge, Gudur, S.P.S.R. Nellore District. 3. Learned counsel for the petitioner would contend that he has no objection to dispense with the personal appearance of the petitioner i.e., respondent in the said H.M.O.P.No.26 of 2024, before the transferee Court. 4. Learned counsel for the respondent would contend that, there are no grounds to consider the request made by the petitioner herein and the present Transfer Civil Miscellaneous Petition may be dismissed. 5. Heard Sri Kambhampati Ramesh Babu, learned counsel for the petitioner and Sri M. Pitchaiah, learned counsel for the respondent. 6. Perused the material available on record. 7. 4. Learned counsel for the respondent would contend that, there are no grounds to consider the request made by the petitioner herein and the present Transfer Civil Miscellaneous Petition may be dismissed. 5. Heard Sri Kambhampati Ramesh Babu, learned counsel for the petitioner and Sri M. Pitchaiah, learned counsel for the respondent. 6. Perused the material available on record. 7. The material on record prima facie goes to show that, the petitioner/wife has been residing separately along with her child aged about 3 years at her parents’ house at Uttamanelloore Village, Kota Mandal. It is also a fact that the respondent/husband has instituted a case i.e., H.M.O.P.No.26 of 2024 on the file of the Senior Civil Judge, Srikalahasthi, Chittoor District, under Section 13 of the HINDU MARRIAGE ACT , 1955, seeking dissolution of the marriage and the same is pending for adjudication. The contention of the learned counsel for the petitioner is that, the petitioner/wife is residing separately at her parents’ house at Uttamanelloore Village, Kota Mandal, the distance between the Uttamanelloore Village and Srikalahasthi is more than 100 Kms, since the petitioner being a woman depending upon her parents along with her child, it is very difficult for her to travel from Uttamanelloore Village to Srikalahasthi to attend the divorce case proceedings filed by the respondent/husband herein, which is pending before the Senior Civil Judge, Srikalahasthi, Chittoor District, on each and every adjournment without any male support and that she was constrained to file the present transfer petition. 8. The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER HEERA , [ (2000) 10 SCC 304 ] , 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 principles 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. 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 principles 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 the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio- economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.” 10. On considering the submissions made by the learned counsel appearing for both sides and in view of the ratio laid down in the aforesaid case laws and on considering the facts and circumstances of the case, that in matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience of the husband. Therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, seeking to withdraw H.M.O.P.No.26 of 2024 on the file of the Senior Civil Judge, Srikalahasthi, Chittoor District and transfer the same to the Court of Senior Civil Judge, Gudur, S.P.S.R. Nellore District. 11. Considering the submissions made by the learned counsel appearance for both sides, the personal appearance of the respondent herein i.e., the petitioner in H.M.O.P.No.26 of 2024 on the file of the Senior Civil Judge, Srikalahasthi, Chittoor District, has been dispensed with before the transferee Court i.e., the Senior Civil Judge, Gudur, S.P.S.R. Nellore District, “except on the days when his presence is required as per law”, before the said Court. 12. In the result, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.26 of 2024 on the file of the Senior Civil Judge, Srikalahasthi, Chittoor District, is hereby withdrawn and transferred to the Senior Civil Judge, Gudur, S.P.S.R. Nellore District. 12. In the result, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.26 of 2024 on the file of the Senior Civil Judge, Srikalahasthi, Chittoor District, is hereby withdrawn and transferred to the Senior Civil Judge, Gudur, S.P.S.R. Nellore District. The learned Senior Civil Judge, Srikalahasthi, Chittoor District, shall transmit the case record in H.M.O.P.No.26 of 2024 to the Senior Civil Judge, Gudur, S.P.S.R. Nellore District, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of the order. The personal appearance of the respondent herein i.e., the petitioner in H.M.O.P.No.26 of 2024 on the file of the Senior Civil Judge, Srikalahasthi, Chittoor District, has been dispensed with before the transferee Court i.e., the Senior Civil Judge, Gudur, S.P.S.R. Nellore District, “except on the days when his presence is required as per law”. Both the parties are directed to appear before the Senior Civil Judge Court at Gudur, S.P.S.R. Nellore District, on 29.04.2025, at 10.30 a.m. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed.