Court orders transfer of divorce proceedings from Guntur to Ongole, emphasizing socio-economic considerations and wife's ease of access.
In a significant ruling emphasizing the convenience of women in matrimonial disputes, the Andhra Pradesh High Court has granted the transfer of a divorce case filed by Nallamolu Mohana Murali against his wife, Nallamolu Rajarajeswari. The case, originally being heard in the Senior Civil Judge's court in Repalle, Guntur District, will now be transferred to the Family Court in Ongole, Prakasam District, as per the order issued by Justice Venuthurumalli Gopala Krishna Rao on February 3, 2026.
The petitioner, Nallamolu Rajarajeswari, sought the transfer under Section 24 of the Code of Civil Procedure, citing the considerable inconvenience of traveling over 100 kilometers to attend court proceedings in Repalle. She resides with her two children in Ongole following matrimonial disputes, and is concurrently pursuing a maintenance case in the Family Court of Ongole.
The court considered several factors including the economic and social situations of the parties, and referenced precedents set by the Supreme Court in similar cases. In particular, the court highlighted the judgments in Geeta Heera v. Harish Chander Heera and N.C.V. Aishwarya v. A.S. Saravana Karthik Sha, emphasizing that the convenience of the wife should be prioritized in such matters, especially when she is responsible for the care of minor children.
Justice Rao, while allowing the petition, noted that the respondent's personal appearance in the transferee court would be required only when legally necessary, thereby acknowledging his professional commitments as a private employee.
The court directed the Senior Civil Judge in Repalle to expedite the transfer of case records to Ongole within five days and instructed the Family Court in Ongole to dispose of the case within four months. Both parties have been ordered to appear before the Family Court in Ongole on March 9, 2026.
This decision underscores the judiciary's evolving approach towards ensuring access to justice for women in matrimonial disputes, taking into account the socio-economic challenges they face.
Bottom Line:
Matrimonial case - Transfer of case proceedings - Convenience of wife considered over inconvenience of husband for transferring the case.
Statutory provision(s): Code of Civil Procedure, 1908 Section 24, Hindu Marriage Act, 1955 Section 13(1)(ia)(ib), Criminal Procedure Code, 1973 Section 125
Nallamolu Rajarajeswari v. Nallamolu Mohana Murali, (Andhra Pradesh) : Law Finder Doc id # 2852573
