Wife’s Convenience Comes First in Matrimonial Litigation: Andhra Pradesh High Court Transfers Divorce Case to Vijayawada

“Given the socio-economic realities of Indian society, it is the wife’s convenience which must be looked at while considering transfer.” - In a significant reiteration of established matrimonial jurisprudence, the High Court of Andhra Pradesh ruled that the convenience of the wife, particularly when she is a mother to a young child and dependent on parental support, should prevail over the husband’s inconvenience when considering transfer of matrimonial proceedings under Section 24 of the Code of Civil Procedure, 1908.

Justice Venuthurumalli Gopala Krishna Rao allowed Transfer CMP No. 403 of 2025, filed by Smt. Yogitila @ Yagatala @ Chatty Haritha Nagaveni, seeking transfer of a divorce petition pending at Kurnool to Vijayawada, where she resides with her five-year-old daughter and where several connected cases between the same parties are already under adjudication.

"Multiple Proceedings, One Jurisdiction: Avoiding Conflict, Ensuring Fair Access to Justice"

The petitioner had cited three proceedings already pending at Vijayawada, all arising from the marital breakdown: a maintenance case under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a domestic violence complaint, and a criminal FIR under Section 85 of the Bharatiya Nyaya Sanhita and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The husband, Sri Chatty C. Girish Kumar, had initiated F.C.O.P. No. 78 of 2025 seeking divorce under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955, but filed it at Kurnool, approximately 300 kilometers away from Vijayawada.

The wife contended that the divorce case had been instituted at a distant location to harass and inconvenience her, even though the husband was already attending the connected matters in Vijayawada.

The Court accepted this argument, noting: “In matrimonial disputes, the convenience of the wife has to be taken into consideration more than the inconvenience of the husband.”

"Ends of Justice Demand Transfer When Economic, Social Factors Tilt Towards the Wife"

Referring to the Supreme Court’s authoritative decision in N.C.V. Aishwarya v. A.S. Saravana Karthik, 2022 LiveLaw (SC) 627, the Court reaffirmed: “The ends of justice should demand the transfer. In matrimonial matters… it is the wife’s convenience which must be looked at.”

In this context, the Court emphasized the practical factors that courts must consider: the financial capacity of the parties, their social background, dependence on support systems, and the logistical burdens of attending proceedings in a distant city. The petitioner, being financially dependent on her parents and caring for a minor child, clearly faced a disproportionate burden in defending the divorce case at Kurnool.

Justice Rao noted, “The socio-economic paradigm in Indian society mandates that such procedural discretion be exercised in favour of the wife to secure the ends of justice.”

“Judicial Efficiency Also Favors Consolidation of Proceedings at One Forum”

The Court also highlighted the importance of judicial coherence and economy, finding it undesirable for parties to pursue parallel proceedings across different jurisdictions, especially involving identical parties and overlapping issues.

“The consolidation of matrimonial and criminal proceedings at Vijayawada ensures consistency of outcome, reduces the risk of conflicting findings, and avoids multiplicity of litigation,” the Court remarked.

Divorce Case Withdrawn from Kurnool, Transferred to Vijayawada

In conclusion, the High Court ordered that F.C.O.P. No. 78 of 2025 pending before the Family Court-cum-IV Additional District Judge, Kurnool be withdrawn and transferred to the Principal Family Court-cum-IV Additional District Judge, Vijayawada. The Court directed that records be transmitted within two days and both parties appear before the transferee court on January 30, 2026 at 10:30 a.m.

The Court also issued a strong procedural direction:
“Registry is instructed to transmit this order forthwith via e-mail. All interim applications or orders, if any, shall stand closed.”

With this decision, the Andhra Pradesh High Court has once again reaffirmed that the rights of women in matrimonial proceedings must be interpreted through a lens of empathy, equity, and realism, aligning legal principles with ground-level social realities.

Date of Decision: January 19, 2026