Wife’s Convenience Comes First : Andhra Pradesh HC Transfers Divorce Case Citing Financial Hardship and Lack of Support
Isabella Mariam
The High Court of Andhra Pradesh at Amaravati,Single Bench of Justice Venuthurumalli Gopala Krishna Rao, has ordered the transfer of a matrimonial case from Tenali in Guntur District to Nuzividu in Krishna District, considering the logistical hardships faced by the wife.
In a transfer petition filed under Section 24 of the Code of Civil Procedure, 1908, the Court directed that H.M.O.P.No.150 of 2024, originally instituted before the Additional Senior Civil Judge, Tenali, be transferred to the Senior Civil Judge, Nuzividu. The directive was issued taking into account the residence and dependent circumstances of the petitioner-wife.
The petitioner, Nadakuduru Durga Bhavani, moved the Court seeking transfer of H.M.O.P.No.150 of 2024. She is the legally wedded wife of the respondent, Nadakuduru Suresh Varma. Their marriage was solemnized on 04.10.2009 at Jampalavari Kalyana Mandapam, Duggirala, Guntur District according to Hindu rites. The couple has a child born during the course of their wedlock.
Owing to matrimonial discord, the petitioner has been residing separately at her parental home in Ramannagundem Village, Nuzividu Mandal, Krishna District, along with her minor child aged approximately 11 years. The petitioner submitted that the respondent, despite currently residing at Morampudi Village and not Tenali, initiated divorce proceedings in Tenali by filing H.M.O.P.No.150 of 2024 under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking dissolution of marriage.
She contended that the travel distance exceeding 100 kilometers from her residence to Tenali imposes severe inconvenience and hardship, especially in the absence of male support. She therefore sought the case’s transfer to Nuzividu where she resides.
The respondent, represented by his counsel, admitted that no other litigation is pending between the parties. While not objecting to the transfer in principle, he requested that his personal appearance before the transferee Court be dispensed with, except where deemed necessary.
Upon hearing both parties and examining the record, the Court noted: "The material on record prima facie goes to show that due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her child aged about 11 years at her parents’ house at Ramannagundem Village, Nuzividu Mandal, Krishna District."
Further, the Court referenced the decisions of the Supreme Court in Geeta Heera vs Harish Chander Heera [(2000) 10 SCC 304], where it was held: "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," and N.C.V. Aishwarya vs A.S. Saravana Karthik Sha [2022 LiveLaw (SC) 627], which observed:
"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."
Relying on these principles, the Court observed: "in matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience of the husband." It concluded that justifiable grounds existed to allow the transfer request.
The Court issued the following order: "H.M.O.P.No.150 of 2024 on the file of the Additional Senior Civil Judge, Tenali, Guntur District, is hereby withdrawn and transferred to the Senior Civil Judge, Nuzividu, Krishna District."
It also directed that:
"The learned Additional Senior Civil Judge, Tenali, Guntur District, shall transmit the case record in H.M.O.P.No.150 of 2024, to the Senior Civil Judge, Nuzividu, Krishna 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."
Regarding the respondent’s appearance, the Court ordered: "the personal appearance of the respondent/husband herein i.e., the petitioner in H.M.O.P.No.150 of 2024 on the file of the Additional Senior Civil Judge, Tenali, Guntur District, has been dispensed with before the transferee Court i.e., Senior Civil Judge, Nuzividu, Krishna District."
The Court further stated: "Later the learned Senior Civil Judge, Nuzividu, Krishna District, is instructed not to insist for the personal appearance of the respondent herein i.e., the petitioner in H.M.O.P.No.150 of 2024, 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, Nuzividu, Krishna District."
Advocates Representing the Parties
For the Petitioner: Karre Satyanandam
For the Respondent: Srinivasu L
Case Title: Nadakuduru Durga Bhavani vs Nadakuduru Suresh Varma
Neutral Citation: APHC010567672024
Case Number: TRANS. CIVIL MISC.PETITION NO: 430/2024
Bench: Justice Venuthurumalli Gopala Krishna Rao
[Read/Download order]
