Code of Civil Procedure (5 of 1908), S. 24, S. 151 — Hindu Marriage Act (25 of 1955), S. 13(1)(ia), (ib) — Transfer of Matrimonial Proceedings — Interim Stay — Convenience of Wife — Wife filed transfer petition seeking transfer of divorce proceedings initiated by husband under S. 13(1)(ia)(ib) of Hindu Marriage Act at Senior Civil Judge Court, Gurazala to competent Court at Ongole — Distance between current residence of wife at Ongole and Gurazala was over 150 km — Wife residing separately with a 1½ year old female child and having no male support to travel on every adjournment — Husband already attending multiple ongoing proceedings initiated by wife at Ongole, including criminal case, Maintenance Case, and Domestic Violence Case — Held, prima facie case made out showing severe inconvenience to wife — Interim stay granted on all further proceedings including personal appearance of wife before Senior Civil Judge Court, Gurazala in H.M.O.P. No. 34 of 2025 pending disposal of Transfer Petition. (Order Paras 1–3)

advocatemmmohan

(ANDHRA PRADESH HIGH COURT AT AMARAVATI)

VENUTHURUMALLI GOPALA KRISHNA RAO, J.

I.A. No. 1 of 2025 in Tr.C.M.P. No. 196 of 2025, D/- 8-7-2025.

HEADNOTES

(A) Code of Civil Procedure (5 of 1908), S. 24, S. 151 — Hindu Marriage Act (25 of 1955), S. 13(1)(ia), (ib) — Transfer of Matrimonial Proceedings — Interim Stay — Convenience of Wife — Wife filed transfer petition seeking transfer of divorce proceedings initiated by husband under S. 13(1)(ia)(ib) of Hindu Marriage Act at Senior Civil Judge Court, Gurazala to competent Court at Ongole — Distance between current residence of wife at Ongole and Gurazala was over 150 km — Wife residing separately with a 1½ year old female child and having no male support to travel on every adjournment — Husband already attending multiple ongoing proceedings initiated by wife at Ongole, including criminal case, Maintenance Case, and Domestic Violence Case — Held, prima facie case made out showing severe inconvenience to wife — Interim stay granted on all further proceedings including personal appearance of wife before Senior Civil Judge Court, Gurazala in H.M.O.P. No. 34 of 2025 pending disposal of Transfer Petition.

(Order Paras 1–3)

(B) Code of Civil Procedure (5 of 1908), S. 24 — Transfer of Matrimonial Cases — Balance of Convenience — Multiple pending proceedings — Husband instituted divorce petition in a distant forum (Gurazala), while three other proceedings (C.C. under BNS and Dowry Prohibition Act, Maintenance Case under S. 125 Cr.P.C., and D.V.C.) filed by wife were already pending at Ongole where husband was appearing — Held, balance of convenience lies in favor of wife when she is caring for a minor child, lacks financial/male support for long-distance travel, and husband is already defending other litigation at the wife's place of residence.

(Order Paras 1–3)