(Prayer: 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 tomay be pleased to transfer the FCOP No. 224 of 2025, before the Family Judge cum VI Additional District Judge, Nellore to the Honble Principal Civil Judge (Senior division), Nandyal in the interest of justice and may pass any other order(s) as it deems fit in the interest of justice

IA NO: 1 OF 2025

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 It is further prayed that pending disposal of the present matter, proceedings before the FCOP No. 224 of 2025, before the Family Judge cum VI Additional District Judge, Nellore in FCOP No. 224 of 2025 may be stayed by this Hon’ble Court in the interest of justice; and may pass)

1. 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 transfer of F.C.O.P.No.224 of 2025 on the file of the Family Judge-cum-VI Additional District Judge, Nellore, S.P.S.R. Nellore District, to the file of the Principal Civil Judge (Senior Division), Nandyal, Kurnool District, 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 24.11.2017, in the presence of both side elders and well-wishers at Chennakesava Swamy Temple, Gudur Town, S.P.S.R Nellore District, as per the Hindu Rites and Caste Customs. During their wedlock, the petitioner and respondent were blessed with two (2) children. After that, due to the matrimonial disputes between both the spouses, the petitioner/wife along with her children aged about 7 & 4 years respectively are residing separately in her parents’ house at Nandyal Town, Kurnool District.

                  II. The petitioner/wife further pleaded that in view of the harassment made by the respondent/husband, the petitioner/wife lodged a complaint against the respondent/husband and his family members, dated 01.08.2022, which was registered as F.I.R.No.155 of 2022 for the offences punishable under Sections 498-A r/w 34 of I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the I Town Police Station, Nandyal, the same is pending for investigation and she also filed a Maintenance Case vide M.C.No.29 of 2022 on the file of the Judicial Magistrate of First Class, Nandyal, under Section 125 of Cr.P.C., seeking maintenance from the respondent/husband and the same is 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 F.C.O.P.No.224 of 2025 on the file of the Family Judge-cum- VI Additional District Judge, Nellore, S.P.S.R. Nellore District, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 r/w Section 7 of the Family Courts Act, 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 along with her children and is depending upon the mercy of her parents at Nandyal Town. The distance between Nandyal and Nellore 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 Nellore without any male assistance, and that she was constrained to file the present petition against the respondent/husband, seeking transfer of F.C.O.P.No.224 of 2025 on the file of the Family Judge-cum-VI Additional District Judge, Nellore, S.P.S.R. Nellore District, to the file of the Principal Civil Judge (Senior Division), Nandyal, Kurnool District, for trail and disposal of the same.

3. Learned counsel for the respondent would contend that the respondent/husband is residing at Nellore, in case, if this Court is inclined to transfer the said case from Nellore to Nandyal, he will face much difficulty to travel from Nellore to Nandyal and the learned counsel for the respondent further contended that there are no grounds to consider the transfer the present Transfer Civil Miscellaneous Petitioner filed by the petitioner.

4. Heard learned counsel appearing on both sides on record.

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 along with her children and depending upon the mercy of her parents at Nandyal. She has filed two (2) cases against the respondent/husband i.e., Criminal Case which was registered as F.I.R.No.155 of 2022 for the offences punishable under Sections 498-A r/w 34 of I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the I Town Police Station, Nandyal and Maintenance Case vide M.C.No.29 of 2022 on the file of the Judicial Magistrate of First Class, Nandyal, under Section 125 of Cr.P.C., seeking maintenance from the respondent/husband, the same is pending for adjudication. The respondent/husband had filed a divorce petition against the petitioner/wife herein vide F.C.O.P.No.224 of 2025 on the file of the Family Judge-cum-VI Additional District Judge, Nellore, S.P.S.R. Nellore District, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 r/w Section 7 of the Family Courts Act, 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. 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 transfer of F.C.O.P.No.224 of 2025 on the file of the Family Judge-cum-VI Additional District Judge, Nellore, S.P.S.R. Nellore District, to the file of the Civil Judge (Senior Division), Nandyal, Kurnool 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 in F.C.O.P.No.224 of 2025 on the file of the Family Judge-cum-VI Additional District Judge, Nellore, S.P.S.R. Nellore 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 F.C.O.P.No.224 of 2025 on the file of the Family Judge-cum-VI Additional District Judge, Nellore, S.P.S.R. Nellore District, is hereby withdrawn and transferred to the file of the Civil Judge (Senior Division), Nandyal, Kurnool District. The learned Family Judge-cum-VI Additional District Judge, Nellore, S.P.S.R. Nellore District, shall transmit the case record in F.C.O.P.No.224 of 2025, to the file of the Civil Judge (Senior Division), Nandyal, Kurnool 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. The transferee Court i.e., learned Civil Judge (Senior Division), Nandyal, Kurnool District, is hereby directed not to insist for the personal appearance of the respondent herein i.e., the petitioner in F.C.O.P.No.224 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 Civil Judge (Senior Division), Nandyal, Kurnool 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.