Jagileti Aruna, W/o. M. Praveen Kumar, D/o. Late J. Jaya Prakash Goud v. Malesetty Praveen Kumar, S/o Late M. Krishnaiah
2026-01-07
VENUTHURUMALLI GOPALA KRISHNA RAO
body2026
DigiLaw.ai
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.47 of 2025 on the file of the Senior Civil Judge, Rajampet, Annamayya (Kadapa) District and transfer the same to the file of the Senior Civil Judge, Gooty, Ananthapur District, to be tried along with H.M.O.P.No.232 of 2025, for trail and disposal of the same. 2. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent and their marriage was solemnized on 22.12.2013, in the presence of both side elders and well-wishers at Chowdeswari Temple, Rajamfpet Town, Annamayya (Kadapa) District, as per the Hindu Rites and Caste Customs. After that, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately in her parents’ house at Gooty, Ananthapur District. II. The petitioner/wife further pleaded that in view of the harassment made by the respondent/husband the petitioner herein lodged a compliant against the respondent and his family members dated 19.03.2025, which was registered as F.I.R.No.55 of 2025, for the offences punishable under Sections 85 r/w 3(5) of B.N.S. Act, 2023 and Section 3 & 4 of the Dowry Prohibition Act, 1961, before the Gooty Police Station, the same is pending for investigation. She also filed two (2) other cases against the respondent/husband herein viz., Maintenance Case vide M.C.No.14 of 2025 on the file of the Judicial Magistrate of First Class, Gooty, under Section 144 (1) of B.N.S.S. Act, 2023, seeking maintenance from the respondent/husband and H.M.O.P.No.232 of 2025 on the file of the Senior Civil Judge, Gooty, under Section 9 of the HINDU MARRIAGE ACT , 1955, seeking restitution of conjugal rights and the same are pending for adjudication. III. The petitioner/wife further pleaded that with a view to cause inconvenience and to harass her, the respondent/husband herein had filed a divorce petition vide H.M.O.P.No.47 of 2025 on the file of the Senior Civil Judge, Rajampet, Annamayya (Kadapa) District, under Section 13(1)(ia) of the HINDU MARRIAGE ACT , 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. IV. Learned counsel for the petitioner would contend that the petitioner, being a woman, has been residing separately and is depending upon the mercy of her parents at Gooty Town.
IV. Learned counsel for the petitioner would contend that the petitioner, being a woman, has been residing separately and is depending upon the mercy of her parents at Gooty Town. The distance between Gooty and Rajampet is more than 200Kms, and it is very difficult for her to travel to attend the divorce case proceedings filed by the respondent/husband before the Court at Rajampet without any male assistance and that she was constrained to file the present petition against the respondent/husband, seeking to withdraw H.M.O.P.No.47 of 2025 on the file of the Senior Civil Judge, Rajampet, Annamayya District and transfer the same to the file of the Senior Civil Judge, Gooty, Ananthapur District, to be tried along with H.M.O.P.No.232 of 2025, for trail and disposal of the same. 3. Mr. K. Sai Pratap, learned counsel learned counsel for the respondent submitted that there are no valid grounds to consider the request made by the petitioner/wife herein and the present Transfer Civil Miscellaneous Petition may be dismissed. He further submitted that the respondent/husband herein is residing at Rajampet and working as a Data Entry Operator (DEO) in a private college and in case, if this Court is inclined to transfer the said case (H.M.O.P.No.47 of 2025) from Rajampet to Gooty, the personal appearance of the respondent herein may be dispensed with before the transferee Court. 4. Heard Mr. K.V.L. Narasimah Rao, learned counsel for the petitioner and Mr. K. Sai Pratap, learned counsel for the respondent. 5. Perused the material available on record. 6. The material on record prima facie goes to show that, due to the matrimonial disputes between the spouses, the petitioner/wife has been residing separately and depending upon the mercy of her parents at Gooty.
K.V.L. Narasimah Rao, learned counsel for the petitioner and Mr. K. Sai Pratap, learned counsel for the respondent. 5. Perused the material available on record. 6. The material on record prima facie goes to show that, due to the matrimonial disputes between the spouses, the petitioner/wife has been residing separately and depending upon the mercy of her parents at Gooty. She has filed three (3) cases against the respondent/husband i.e. Criminal Case which was registered as F.I.R.No.55 of 2025, for the offence punishable under Sections 85 r/w 3(5) of B.N.S. Act, 2023 and Section 3 & 4 of the Dowry Prohibition Act, 1961, before the Gooty Police Station, the same is pending for investigation, Maintenance Case vide M.C.No.14 of 2025 on the file of the Judicial Magistrate of First Class, Gooty, under Section 144 (1) of B.N.S.S. Act, 2023, seeking maintenance from the respondent/husband and H.M.O.P.No.232 of 2025 on the file of the Senior Civil Judge, Gooty, under Section 9 of the HINDU MARRIAGE ACT , 1955, seeking restitution of conjugal rights, all the aforesaid cases are pending for adjudication and the respondent/husband is also attending the case proceedings before the competent Courts at Gooty. The material on record prima facie further discloses that the respondent/husband had filed a divorce petition against the petitioner/wife herein vide H.M.O.P.No.47 of 2025 on the file of the Senior Civil Judge, Rajampet, Annamayya District, under Section 13(1)(ia) of the HINDU MARRIAGE ACT , 1955, seeking for dissolution of the marriage and the same is also pending for adjudication. 7. 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.” 8. 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.” 9. On considering the submissions made by the learned counsel appearing for both sides and in view of the ratio laid down by the aforesaid case laws and on considering the facts and circumstances of the present 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.47 of 2025 on the file of the Senior Civil Judge, Rajampet, Annamayya District and transfer the same to the file of the Senior Civil Judge, Gooty, Ananthapur District. Further, on considering the submissions made by the learned counsel for the respondent that it is desirable to dispense with the personal appearance of the respondent/husband herein i.e., the petitioner inH.M.O.P.No.47 of 2025 on the file of the Senior Civil Judge, Rajampet, Annamayya District, before the transferee Court, except on the days when his personal appearance is required before the said Court as per law. 10. In the result, the Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.47 of 2025 on the file of the Senior Civil Judge, Rajampet, Annamayya District, is hereby withdrawn and transferred to the file of the Senior Civil Judge, Gooty, Ananthapur District.
10. In the result, the Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.47 of 2025 on the file of the Senior Civil Judge, Rajampet, Annamayya District, is hereby withdrawn and transferred to the file of the Senior Civil Judge, Gooty, Ananthapur District. The learned Senior Civil Judge, Rajampet, Annamayya District, shall transmit the case record in H.M.O.P.No.47 of 2025, to the file of the Senior Civil Judge, Gooty, Ananthapur District, duly indexed as expeditiously as possible preferably within a period of one (01) week from the date of receipt of a copy of the order. Both the parties are directed to appear before the learned Senior Civil Judge Court at Gooty, Ananthapur District, on 25.02.2026, at 10.30 a.m. Later, the transferee Court i.e. learned Senior Civil Judge, Gooty, Ananthapur District, is hereby directed not to insist for the personal appearance of the respondent herein i.e., petitioner in H.M.O.P.No.47 of 2025, as long as his counsel is attending the Court proceedings and representing the case except on the day when re-conciliation proceedings are being taken up or on the day when his cross-examination is required to be recorded or on any other day when his personal appearance is required as directed by the learned Senior Civil Judge, Gooty, Ananthapur District. 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.