Miscellaneous Petition No. 328 of 2025 · High Court · 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 the F.C.O.P.No.552 of 2025, on the file of learned Judge, Family Court, Guntur and transfer the same file of learned Judge, Additional Family Court, Visakhapatnam for trial and disposal.

3. 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 27.08.2021 at VAR Gardens, Inner Ring Road,

Guntur, as per Hindu Rights and Customs. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents‟ house at Vishakapatnam. The petitioner got filed F.C.O.P.No.1269 of 2025, on the file of learned Judge, Additional Family Court, Vishakapatnam, under Section 9 of Hindu Marriage Act, 1955 seeking restitution of conjugal rights and the same is pending adjudication. 2 ii. The petitioner further pleaded respondent/husband, to cause inconvenience to the petitioner, filed F.C.O.P.No.552 of 2025, on the file of learned Judge, Family Court, Guntur, seeking dissolution of the 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 Visakhapatnam and Guntur approximately 400 kms, and that it is very difficult for the petitioner/wife to appear before the learned Judge, Family Court, Guntur, on each and every adjournment without any male assistance, and that she is constrained to file this petition. Heard both sides learned counsel on record. Learned counsel for the petitioner submits that the petitioner

5. herein filed F.C.O.P.No.1269 of 2025, on the file of learned Judge, Additional Family Court at Visakhapatnam and F.C.O.P.No.552 of 2025 that was instituted by the respondent/husband before the learned Judge, Family Court, Guntur, therefore both the cases are tried by the same Judge.

6. Learned counsel for the respondent submits that he has no objection, to transfer the F.C.O.P.No.552 of 2025 from the learned Judge, Family Court, Guntur to the file of learned Judge, 3 Additional Family Court, Visakhapatnam and he also represented that some time limit may be fixed on the transferee Court for disposal of the F.C.O.P.No.552 of 2025 filed by respondent/husband before the learned Judge, Family Court, Guntur. Learned counsel for the petitioner fairly conceded that he has no objection, if this Court fixes a time rider on the transferee Court for early disposal of the case.

8. Perused the material available on record. 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 Visakhapatnam and depending upon the mercy of her parents‟ house. The material on record further discloses respondent/husband filed a divorce petition against petitioner/wife vide F.C.O.P.No.552 of 2025, on the file of learned Judge, Family Court, Guntur, seeking for dissolution of the marriage under Section 13(1) (ia) of Hindu Marriage Act, 1955 and the same is pending for adjudication.

9. 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 1(2000) 10 SCC 304 4 petition is filed by her husband, then the transfer petition filed by the wife may be allowed.”

10. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha2 held 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 the parties in eking out their livelihood and under whose protective umbrella they are seeking 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.”

11. On considering the submissions made by both the learned counsel 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 2 2022 LiveLaw (SC) 627 5 petitioner/wife seeking transfer of F.C.O.P.No.552 of 2025, on the file of learned Judge, Family Court, Guntur. 12 . In the result, the present Transfer Civil Miscellaneous Petition is allowed, and F.C.O.P.No.552 of 2025, on the file of learned Judge, Family Court, Guntur is hereby withdrawn and transferred to the file of the learned Judge, Additional Family Court, Visakhapatnam. The learned Judge, Family Court, Guntur, shall transmit the case record in F.C.O.P.No.552 of 2025, to the file of the learned Judge, Additional Family Court, Visakhapatnam, as expeditiously as possible, preferably within a period of one (01) week from the date of receipt of a copy of this order. The learned Judge, Additional Family Court, Visakhapatnam, is directed to dispose of the F.C.O.P.No.552 of 2025 which was filed by the respondent/husband within six (6) months from the date of appearance of both the parties. 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. _______________________________ JUSTICE V. GOPALA KRISHNA RAO Date: 05.01.2026 MH 6 7 09 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.328 of 2025 Date: 05.01.2026 MH