1. The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw F.C.O.P.No.776 of 2025 on the file of the Family Court at Guntur, Guntur District, and transfer the same to the Family Court at Rajahmundry, East Godavari District.

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 has been performed at Annavaram, East Godavari District, on 04.04.2018, as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying along with her son, aged about 7 years, at her parents’ house at Rajahmundry, East Godavari District, and depending upon the mercy of her mother. The petitioner/wife further pleaded that she had lodged a complaint before the S.P. of Police, Mahila Police Station, Rajamahendravaram, East Godavari District, under Sections 85 r/w 3(5) BNS and under Sections 3 & 4 of the Dowry Prohibition Act, vide Cr.No.78 of 2025, and after completion of investigation, the Police filed the charge sheet vide C.C.No.2103 of 2025 on the file of the IV Additional Judicial First Class Magistrate at Rajamahendravaram, and the same is pending for trial. The petitioner/wife further pleaded that she had also filed a Domestic Violence Case vide D.V.C.No.19 of 2026 on the file of the VI Additional Judicial First Class Magistrate, Rajahmundry, and the respondent/husband is attending the aforesaid cases before the competent Courts at Rajahmundry. The learned counsel for the petitioner would contend that, to cause inconvenience to the petitioner, the respondent/husband filed F.C.O.P.No.776 of 2025 on the file of the Family Court at Guntur, Guntur District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage.

                  II. Learned counsel for the petitioner further contended that the petitioner, being a woman having a son aged about 7 years and depending upon the mercy of her mother, it is very difficult for her to travel a distance of approximately more than 200 kms from Rajahmundry to Guntur for attending the Court proceedings before the learned Judge, Family Court, Guntur, without any male support, and that she was constrained to file the present petition against the respondent/husband seeking to withdraw F.C.O.P.No.776 of 2025 on the file of the Family Court at Guntur, Guntur District, and transfer the same to the Family Court at Rajahmundry, East Godavari District.

3. The respondent/husband filed the counter affidavit by denying the material allegations leveled by the petitioner/wife. Learned Counsel for the respondent contends that the petitioner/wife approached this Court with demonstrably unclean hands, and she has deliberately and willfully suppressed the material facts, and requested to dismiss the present transfer civil miscellaneous petition.

4. Heard T.S.N.Murthy, learned counsel for the petitioner, and Sri T.Joshi Prasad, learned counsel for the respondent. Perused the material available on record.

5. The material on record prima facie shows that the petitioner/wife filed two cases vide D.V.C.No.19 of 2026 on the file of the VI Additional Judicial First Class Magistrate, Rajahmundry, and C.C.No.2103 of 2025 on the file of the IV Additional Judicial First Class Magistrate at Rajamahendravaram, and the said two (02) cases are pending before the competent Courts at Rajahmundry. The respondent herein also filed one case before the Court at Rajahmundry vide G.W.O.P.No.122 of 2025, seeking custody of the child.

6. The learned counsel for the respondent would contend that the alleged threat in the hands of the respondent/husband at Guntur is created only for the purpose of filing the present transfer petition. The respondent/husband relied on the case laws in Anindita Das Vs.Srijit Das((2006) 9 SCC 197), Sumita Singh Vs. Kumar Sanjay & Anr.,( (2001) 10 SCC 265) and Shilpa Mittal Vs. State (NCT of Delhi)( (2020) 2 SCC 787). The ratio laid down in the aforesaid case laws has no dispute. It is also well settled that “mere apprehension of threat is not a ground for seeking transfer of case from one place to another”.

7. In the present case, the petitioner/wife is seeking transfer of a divorce case filed by the husband at Guntur, and the same may be transferred to Rajahmundry, and another two grounds urged by the petitioner are, namely, she is seeking transfer of F.C.O.P.No.776 of 2025 on the file of the Family Court, Guntur, to the Family Court at Rajahmundry on the ground that she has no male assistance to travel from Rajahmundry to Guntur along with her child, aged about 7 years, who is prosecuting studies of U.K.G. at Rajahmundry, and the petitioner/wife is depending upon her mother, who is giving shelter, and she is also aged, and no one is there to accompany the petitioner/wife to travel all the way from Rajahmundry to Guntur, which is at a distance of more than 200 kms, and that the petitioner is constrained to file the present transfer petition. It is undisputed that the petitioner/wife is residing along with her child, aged about 7 years, with her mother at Rajahmundry, and the boy is staying with the petitioner/his mother, and he is also prosecuting the studies of U.K.G. in a school at Rajahmundry. Furthermore, the petitioner/wife instituted two (02) cases, as stated supra, vide D.V.C.No.19 of 2026 on the file of the VI Additional Judicial First Class Magistrate, Rajahmundry, and C.C.No.2103 of 2025 on the file of the IV Additional Judicial First Class Magistrate at Rajamahendravaram, and in those two (02) cases, the respondent herein is attending before the said Court. Even as per the own case of the respondent/husband, he is not staying at Guntur; he is currently residing at Hyderabad by doing a software job. Therefore, it is evident that Guntur is not the place of residence of the respondent/husband, and even as per his own case, the parents of the respondent/husband are staying at Guntur. Moreover, the respondent/husband filed a case in G.W.O.P.No.122 of 2025, seeking custody of his child at Rajahmundry.

8. The respondent/husband contended that the petitioner herein filed false cases by mentioning baseless allegations in the domestic violence case vide D.V.C.No.19 of 2026 and in the criminal case vide C.C.No.2103 of 2025 and approached this Court with unclean hands, and that the present transfer petition may be dismissed. The scope of deciding transfer petitions is very much limited rather than that of other cases, in deciding transfer petitions, the Court is not supposed to enter into the merits or demerits in the cases those are pending before the courts below.

9. The material on record clearly reveals that the petitioner/wife, along with her child, aged about 7 years, has been currently residing at Rajahmundry and is depending upon the mercy of the mother of the petitioner, and she is not having any male assistance to travel from Rajahmundry to Guntur, which is situated at a distance of beyond 200 kms. Moreover, the child is with the petitioner/mother and is prosecuting the studies at Rajahmundry. Furthermore, the respondent/husband filed G.W.O.P.No.122 of 2025, which is also pending before the Court at Rajahmundry, seeking custody of the child, and a total of three (03) cases are pending between both the parties at Rajahmundry. Whereas, the respondent/husband filed one (01) case vide F.C.O.P.No.776 of 2025 on the file of the Family Court, Guntur, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking dissolution of the marriage. It is not the case of the respondent/husband that he is residing at Guntur; even as per the own case of the respondent, he is residing at Hyderabad, at Kukatpally, and is doing a software job, and his parents are staying at Guntur.

10. On considering the aforesaid reasons, this Court is of the considered view that it is just and necessary to withdraw F.C.O.P.No.776 of 2025 on the file of the Family Court, Guntur, Guntur District, and transfer the same to the Family Court at Rajahmundry, East Godavari District. Further, on considering the submissions made by the learned counsel for the respondent, as the respondent/husband is doing his employment at Hyderabad and is also staying at Hyderabad, the personal attendance of the respondent/husband has been dispensed with before the transferee Court, except on the days when his presence is required before the Family Court, Rajahmundry, East Godavari District. It is represented by learned counsel appearing for both sides that a time limit may be fixed to the transferee Court for the early disposal of the case in F.C.O.P.No.776 of 2025, which is now under the orders for transfer.

11. In the result, the present petition is allowed, and F.C.O.P.No.776 of 2025 on the file of the Family Court, Guntur, Guntur District, is hereby withdrawn and transferred to the Family Court, Rajahmundry, East Godavari District. The Family Court, Guntur, Guntur District, shall transmit the case record in F.C.O.P.No.776 of 2025 to the Family Court, Rajahmundry, East Godavari District, duly indexed, as expeditiously as possible, preferably within a period of two (02) weeks from the date of receipt of a copy of the order. Both the parties are directed to appear before the learned Judge, Family Court, Rajahmundry, East Godavari District, on 29.06.2026 at 10.30 a.m.; thereafter, the learned Judge, Family Court, Rajahmundry, East Godavari District, is directed not to insist on the personal appearance of the respondent/husband, i.e., the petitioner in F.C.O.P.No.776 of 2025, which is now under orders for transfer, as long as his counsel is attending the Court proceedings and representing the case, except on the day when reconciliation 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 Judge, Family Court, Rajahmundry, East Godavari District. Further, on considering the submissions made by the learned counsel appearing for both sides, the learned Judge, Family Court, Rajahmundry, East Godavari District, is hereby directed to dispose of the case in F.C.O.P.No.776 of 2025, which is now under the orders for transfer, within a period of six (06) months from the date of appearance of the parties before the transferee Court. 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.