(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 to withdraw the proceedings in H.M.O.P. No. 83 of 2025 from the file of the learned Senior Civil Judges Court, Srikalahasti and to transfer the same to the file of the learned Senior Civil Judge, Proddatur, and to pass

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 to grant stay of all further proceedings in H.M.O.P. No. 83 of 2025 on the file of the learned Senior Civil Judge's Court, Srikalahasti pending disposal of the main transfer civil miscellaneous petition, and to 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 for withdrawal of H.M.O.P.No.83 of 2025, on the file of the learned Senior Civil Judge Court at Srikalahasti, and transfer the same to the file of the learned Senior Civil Judge Court at Proddatur, for trial 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/husband, and their marriage was solemnized on 23.05.2023, in Sri Berisetty Community Hall Kalyanamandapam, near Sri Subramanneswara Swamy Temple, Stayvedu, as per Hindu rites and caste customs. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately at her parents’ house in Proddatur, Y.S.R Kadapa District. The petitioner/wife pleaded that in view of the harassment made by the respondent /husband, she lodged a complaint against the respondent/husband and his family members, dated 25.03.2024, which was registered as F.I.R.No.115 of 2024, for the offence punishable under Section 498-A I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the I Town Police Station, Proddatur, after completion of investigation, Police laid a charge sheet and the same was numbered as C.C.No.1334 of 2024 on the file of the I Additional Judicial Magistrate of First Class/I Additional Junior Civil Judge, Proddatur, and she also filed a Domestic Violence Case vide D.V.C.No.14 of 2024 on the file of the I Additional Judicial Magistrate of First Class/I Additional Junior Civil Judge, Proddatur, the same are pending for adjudication. The petitioner/wife herein also filed a Maintenance Case in the month of October 2025, before the I Additional Judicial Magistrate of First Class, Proddatur, the same is pending for consideration.

                  II. The petitioner/wife further pleaded that, with a view to cause inconvenience to her, the respondent/husband herein filed a divorce petition vide H.M.O.P.No.83 of 2025, on the file of the learned Senior Civil Judge Court at Srikalahasti, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage, the same is also pending for adjudication.

                  III. The petitioner further pleaded that, she being a woman, has been residing separately and depending upon the mercy of her parents at Proddatur. The distance between Proddatur & Srikalahasti is more than 200Kms and it is very difficult for her to travel to attend the divorce case proceedings filed by the respondent/husband herein before the Court at Srikalahasti without any male assistance, and that she was constrained to file the present petition against the respondent/husband, seeking for withdrawal of H.M.O.P.No.83 of 2025, on the file of the learned Senior Civil Judge Court at Srikalahasti, and transfer the same to the file of the learned Senior Civil Judge Court at Proddatur, for trial and disposal.

3. Learned counsel for the petitioner would contend that after institution of aforesaid three (03) cases, the respondent/husband herein has filed divorce petition vide H.M.O.P.No.83 of 2025, before the learned Senior Civil Judge, Srikalahasti, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and she received notices in the said case and also engaged an Advocate, in H.M.O.P.No.83 of 2025, before the learned Senior Civil Judge, Srikalahasti, and counter is not filed in the said case proceedings.

4. Learned counsel for the respondent submitted that the respondent/husband is working as a software engineer and is currently residing at Bangalore, in case, if this Court is inclined to transfer the said H.M.O.P.No.83 of 2025, from the file of the Senior Civil Judge, Srikalahasti, to the file of the learned Senior Civil Judge Court, Proddatur, the personal appearance of the respondent/husband herein may be dispensed with before the transferee Court.

5. Heard Mr. Mulla Sohail Shareef, learned counsel for the petitioner and Mr. P. Madhu Sudhan, learned counsel for the respondent.

6. Perused the material available on record.

7. The material on record prima facie goes to show that, due to the matrimonial disputes between both parties, the petitioner/wife has been residing separately in her parents’ house at Proddatur. She has instituted three (03) cases against the respondent/husband herein viz., C.C.No.1334 of 2024 on the file of the I Additional Judicial Magistrate of First Class/I Additional Junior Civil Judge, Proddatur, Domestic Violence Case vide D.V.C.No.14 of 2024 on the file of the I Additional Judicial Magistrate of First Class/I Additional Junior Civil Judge, Proddatur, the same are pending for adjudication and the respondent/husband is also attending the case proceedings before the competent Court at Proddatur and she also filed a Maintenance Case in the month of October, 2025, before the I Additional Judicial Magistrate of First Class, Proddatur, the same is pending for consideration. The material on record further reveals that the respondent/husband had filed a divorce petition against the petitioner/wife herein vide H.M.O.P.No.83 of 2025, on the file of the learned Senior Civil Judge Court at Srikalahasti, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage, the same is also pending for adjudication.

8. 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.”

9. 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 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.”

10. On considering the submissions made by the learned counsel appearing for both sides and in view of the ratio laid down in the aforesaid case laws and on considering the facts and circumstances of the present case, I am of the considered view that in matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience of the husband. Therefore, there are justifiable grounds to consider the request made by the petitioner/wife, seeking for withdrawal of H.M.O.P.No.83 of 2025, on the file of the learned Senior Civil Judge Court at Srikalahasti, and transfer the same to the file of the learned Senior Civil Judge Court at Proddatur. Further, on considering the submissions made by the learned counsel for the respondent, since the respondent/husband herein is working as a software engineer and is currently residing at Bangalore, therefore, the personal appearance of the respondent/husband herein i.e., petitioner in H.M.O.P.No.83 of 2025, on the file of the learned Senior Civil Judge Court at Srikalahasti, has been dispensed with before the transferee Court, except on the days when his personal appearance is required before the said Court as per law.

11. In the result, the Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.83 of 2025, on the file of the learned Senior Civil Judge Court at Srikalahasti, is hereby withdrawn and transferred to the file of the learned Senior Civil Judge Court at Proddatur. The learned Senior Civil Judge Court at Srikalahasti, shall transmit the entire case record in H.M.O.P.No.83 of 2025, to the file of the learned Senior Civil Judge Court at Proddatur, duly indexed as expeditiously as possible preferably within a period of five (05) days 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 Proddatur, on 30.03.2026 at 10.30 A.M. Later, the transferee Court i.e., learned Senior Civil Judge Court at Proddatur, is hereby directed not to insist upon the personal appearance of the respondent herein i.e., petitioner in H.M.O.P.No.83 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 Court at Proddatur. 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.