Gaddam (Balia) Sri Rachana Vs Balla Sravan Chandra

THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.77 of 2026

ORDER:

Today, when the matter has been taken up for hearing, learned counsel for the petitioner has submitted that, proof of service Memo has been field before the Registry on 31.03.2026 vide U.S.R.No.38297 of 2026, along with the Postal Track Consignment Sheet downloaded from the Postal Department Website and the same has been placed on record. As per the Postal Track Consignment Sheet, the registered notice sent to the respondent was served and the same was placed on record. 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 to withdraw H.M.O.P.No.247 of 2025, on the file of learned Civil Judge (Senior Division), Amalapuram, East Godavari District and transfer the same to the file of Principal Family Court, Vijayawada, N.T.R District for trial and disposal.

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The case of the petitioner in brief is as follows:

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i. The petitioner is the legally wedded wife of the respondent/husband, and their marriage was solemnized on 24.05.2021 at Vijayawada, as per Hindu Marriage customs and rituals. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents‟ house at Vijayawada along with her daughter aged about two years.

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ii. The petitioner submitted that she has filed a complaint, which

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was registered as F.I.R. No. 573 of 2025, and upon completion of the investigation, a charge sheet was filed on the file of the learned VI Additional Chief Metropolitan Magistrate, Vijayawada, numbered as C.F. No. 553 of 2026, for the offences punishable under Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 3 and 4 of the Dowry Prohibition Act, 1961.She further submitted that she has filed F.C.O.P. No. 147 of 2026 on the file of the Principal Family Court, Vijayawada, under Section 144(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking maintenance. She has also filed D.V.C. No. 40 of 2026 on the file of the learned I Additional Chief Metropolitan Magistrate, Vijayawada, under the provisions of the Protection of Women from Domestic Violence Act, 2005, and the said cases are pending adjudication.

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iii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed H.M.O.P.No.247 of 2025, on the file of learned Civil Judge (Senior Division), Amalapuram, East Godavari District seeking dissolution of 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 Vijayawada and Amalapuram is approximately 200kms and it is very difficult for the petitioner/wife to appear before the learned Civil Judge (Senior Division), Amalapuram, on each and

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every adjournment without any male assistance, and that she is

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constrained to file this petition.

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Heard learned counsel for the petitioner.

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Perused the material available on record.

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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 Vijayawada along with her daughter aged about two years and depending upon the mercy of her parents. The material on record further discloses that the respondent/husband filed a divorce petition against the petitioner/wife vide H.M.O.P.No.247 of 2025, on the file of learned Civil Judge (Senior Division), Amalapuram, East Godavari District seeking dissolution of marriage under Section 13 (1) (ia) of Hindu Marriage Act, 1955, and the same is pending for adjudication. The material on record further discloses that the petitioner filed a complaint, and the same was numbered as C.F. No. 553 of 2026. on the file of the learned VI Additional Chief Metropolitan Magistrate, Vijayawada and she has filed F.C.O.P. No. 147 of 2026 on the file of the Principal Family Court, Vijayawada, seeking maintenance and also filed D.V.C. No. 40 of 2026 on the file of the learned I Additional Chief Metropolitan Magistrate, Vijayawada, and the said cases are pending 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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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 rather than the inconvenience of the husband and therefore, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife seeking transfer of H.M.O.P.No.247 of

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1 (2000) 10 SCC 304

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2 2022 LiveLaw (SC) 627

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2025, on the file of learned Civil Judge (Senior Division), Amalapuram, East Godavari District.

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In the result, the present Transfer Civil Miscellaneous Petition is allowed, and H.M.O.P.No.247 of 2025, on the file of learned Civil Judge (Senior Division), Amalapuram, East Godavari District is hereby withdrawn and transferred to the file of the Principal Family Court at Vijayawada. The learned Civil Judge (Senior Division), Amalapuram, East Godavari District, shall transmit the case record in H.M.O.P.No.247 of 2025, to the file of the Principal Family Court at Vijayawada, N.T.R. District, 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: 09.04.2026 JLSR

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THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO

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