Convenience Of Wife Prevails Over That Of Husband: Andhra Pradesh High Court Reiterates, Transfers Divorce Case
The Andhra Pradesh High Court has allowed a wife's plea to transfer the divorce case initiated by her husband, from Repalle, Guntur District to Ongole, Prakasam District, holding that in matrimonial proceedings, the convenience of the wife must be prioritised.
Justice V. Gopala Krishna Rao held,
“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.81 of 2020 on the file of the Senior Civil Judge, Repalle, Guntur District, and transfer the same to the file of the Judge, Family Court, Ongole, Prakasam District.”
The petitioner married the respondent-husband in 2011, and the couple was blessed with two children out of the wedlock. Owing to matrimonial disputes, the petitioner-wife started residing at her parental home in Ongole, and later the respondent-husband filed a divorce petition seeking dissolution of marriage.
The petitioner submitted that she has been residing separately at Ongole with two children— who were pursuing their studies. As the distance between Repalle and Ongole was more than 100 kilometres, she asserted that it was extremely difficult for her to travel to attend the divorce case proceedings at Repalle without male assistance. This prompted her to file the transfer petition seeking transfer of the divorce proceedings to Ongole.
In contrast, the respondent submitted that there was an underlying intention of the petitioner to drag the divorce proceedings, and the respondent, being a private employee has to frequently travel to Hyderabad to attend his duties.
As against this, the Single-Judge noted,
“… the personal appearance of the respondent herein i.e., the petitioner in H.M.O.P.No.81 of 2020 on the file of the Senior Civil Judge, Repalle, Guntur District, 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.”
As more than five years had elapsed since the respondent sought dissolution of marriage, the Single-Judge directed the Family Court, Ongole, to dispose of the main case within four months.
Accordingly, the Court allowed the petition.
Case Details:
Case Number: TRANS. CIVIL MISC.PETITION NO: 36/2025
Case Title: NALLAMOLU RAJARAJESWARI v. NALLAMOLU MOHANA MURALI