Athkur Sandhya Parameswari Vs Mude Vasu Naik

ATHKUR SANDHYA PARAMESWARI, W/O. MUDE VASU NAIK, D/O. ATHKUR SANJEEVAIAH, AGED ABOUT 30 YEARS, OCC HOUSE WIFE, R/O.D.NO50/837/B5, DEVA NAGAR, KURNOOL CAMP-B, KURNOOL, KURNOOL DISTRICT.

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...PETITIONER

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AND

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MUDE VASU NAIK, S/o. Mude Seetha Naik, Aged about 33 years, Occ Private Bank Employee, R/o.D.No 17-2, Bandarla Palli village, Nallacheruvu Mandal, Anantapur District.

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...RESPONDENT

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Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith,the High Court may be pleased topleased to withdraw the O.S.No.583 of 2025 pending before the Principal Junior Civil Judge Court at Kadiri and to transfer the same to the Family Court cum IV Additional District . Sessions Court at Kurnool, in the interest of justice and to pass

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IA NO: 1 OF 2026

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay of all further proceedings in O.S.No.583 of 2025 on the file of

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the Principal Junior Civil Judge Court at Kadiri, pending disposal of the above Tr.C.M.P. and to pass

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Counsel for the Petitioner:

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1.BUCHIGARI KIRAN

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Counsel for the Respondent:

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The Court made the following:

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THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.23 of 2026

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ORDER:

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Today, when the matter was taken up for hearing, Mr. Buchigari Kiran, learned counsel for the petitioner submitted that proof of service Memo was filed before the Registry on 07.03.2026 vide U.S.R.No.29835 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 06.03.2026. Despite service of notice, there is no representation on behalf of respondent. Therefore, „service held sufficient‟.

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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 O.S.No.583 of 2025 on the file of the Principal Junior Civil Judge Court at Kadiri, and transfer the same to the file of the Family Court-cum-IV Additional District & Sessions Court at Kurnool, for trial and disposal of the same.

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The case of the petitioner in brief is as follows:

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I. The petitioner is legally wedded wife of the respondent/husband and their marriage was solemnized on 23.12.2018, in the presence of both side elders and well-wishers, at Sri Rukmini Panduranga

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Swamy Devalayam, Kurnool, as per the Hindu Rites and Caste Customs. During their wedlock, the petitioner/wife and the respondent/husband were blessed with two (02) children. Thereafter, due to the matrimonial disputes between the spouses; the petitioner/wife along with her children have been residing separately and depending upon the mercy of her parents at Kurnool.

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II. The petitioner/wife further pleaded that with a view to cause inconvenience and to harass her, the respondent/husband herein had filed a suit vide O.S.No.583 of 2025 on the file of the Principal Junior Civil Judge Court at Kadiri, under Order VII Rule I and Section 26 of the C.P.C. seeking for dissolution of the marriage and the same is pending for adjudication.

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Learned counsel for the petitioner contended that, the petitioner being a woman, has been residing separately along with her children and depending upon the mercy of her parents at Kurnool and the distance between Kurnool & Kadiri is more than 250Kms, therefore, it is very difficult for the petitioner/wife to travel to attend the case proceedings which was filed by the respondent/husband before the Court at Kadiri without any male assistance and that she was constrained to file the present petition against the respondent/husband, seeking for withdrawal of O.S.No.583 of 2025 on the file

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of the Principal Junior Civil Judge Court at Kadiri, and transfer the same to the file of the Family Court-cum-IV Additional District & Sessions Court at Kurnool, for trial and disposal of the same.

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Heard Mr. Buchigari Kiran, learned counsel for the petitioner.

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

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Perused the material available on record.

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The material on record prima facie goes to shows that, in view of the matrimonial disputes between the spouses, the petitioner/wife herein has been residing separately along with her children in her parents‟ house and depending upon the mercy of her parents at Kurnool. The material on record further discloses that the respondent/husband herein had filed a suit against the petitioner/wife vide O.S.No.583 of 2025 on the file of the Principal Junior Civil Judge Court at Kadiri, under Order VII Rule I and Section 26 of the C.P.C. seeking for dissolution of the marriage and the same is pending for adjudication.

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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.”

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1 (2000) 10 SCC 304

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10. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha² held as follows:

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“ 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 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.”

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On considering the submissions made by the learned counsel for the petitioner and in view of the ratio laid down in the aforesaid case laws that in matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience caused to the husband. Therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife, seeking for withdrawal of O.S.No.583 of 2025 on the file of the Principal Junior Civil Judge Court at Kadiri, and transfer the same to the file of the Judge, Family Court, Kurnool.

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2 2022 LiveLaw (SC) 627

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In the result, the present Transfer Civil Miscellaneous Petition is allowed and the O.S.No.583 of 2025 on the file of the Principal Junior Civil Judge Court at Kadiri, is hereby withdrawn and transferred to the file of the Judge, Family Court, Kurnool. The learned Principal Junior Civil Judge Court at Kadiri, shall transmit the entire case record in O.S.No.583 of 2025, to the file of the Judge, Family Court, Kurnool, duly indexed as expeditiously as possible, preferably within a period of two (02) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

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As a sequel, miscellaneous petitions, if any pending and the Interim Order granted earlier, if any, shall stand closed.

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_______________________________ JUSTICE V. GOPALA KRISHNA RAO

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Date: 09.03.2026 CVD

Athkur Sandhya Parameswari v. Mude Vasu Naik

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Athkur Sandhya Parameswari v. Mude Vasu Naik

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