A Matrimonial Case Transferred For The Wife, With Relief Built In For The Husband
A young wife asked the High Court to move her husband's matrimonial case to the town where she lives. The Court agreed, and then made sure he would not have to make the journey for every hearing.
The Court held that the wife's convenience is a relevant consideration in matrimonial transfer cases, and transferred the case to the Family Court at Guntur. Disputes over where she lives and what she earns cannot be decided in a transfer petition. To balance the husband's difficulty, the Family Court must not insist on his presence at every adjournment if his lawyer appears, and may let him appear by video under the State's 2026 rules.
- The wife's convenience weighs heavily in deciding where a matrimonial case is heard.
- The other side is protected too — appearance through a lawyer, and by video where needed.
- Contested facts wait for trial. Claims about her job and residence were left to the Family Court.
- Andhra Pradesh's 2026 video rules now make virtual appearance a real option.
- Court
- High Court of Andhra Pradesh at Amaravati
- Bench
- Justice PURUSHOTTAM KUMAR CHINTALAPUDI
- Citation
- Tr.C.M.P. No. 157 of 2026
- Case
- Tr.C.M.P. No. 157 of 2026
- Decided
- 3 September 2026
- Outcome
- Transfer petition allowed with directions protecting the respondent
The dispute
The couple married in August 2024 at Nandyal and lived together for about twenty days before separating. The wife went to live with her parents in Guntur.
The husband filed a matrimonial petition under the Hindu Marriage Act at Nandyal. The wife asked the High Court, under Section 24 of the Code of Civil Procedure, to transfer it to the Family Court at Guntur.
The husband opposed, saying she actually lives and works in Chennai and is earning. A criminal case between them was already pending in Guntur.
How the Court weighed it
Relying on the Supreme Court's approach, the Court said the convenience of the wife is one of the relevant considerations in matrimonial transfer matters.
The competing claims about her residence, age and earning capacity could not be adjudicated in a transfer petition; they are for the court trying the case, on the material placed before it.
The Court also noted that the High Court has framed the Andhra Pradesh Electronic Communication and Video Conferencing Rules, 2026, which allow judicial proceedings in virtual mode.
The directions
The case was withdrawn from Nandyal and transferred to the Family Court, Guntur, which may give it a fresh number and proceed.
The Family Court shall not insist on the husband's presence at every adjournment if he is represented by counsel, except when his presence is required for mediation, reconciliation, evidence or another specific purpose.
It may also take his appearance by video, following the due procedure. There was no order as to costs.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Can a wife get her husband's divorce case moved to her town?
Often, yes. Her convenience is a relevant consideration, and the transfer was allowed here.
Will the husband then have to travel for every hearing?
Not necessarily. The Court directed that his presence not be insisted on each time, and allowed video appearance.
Seeking or opposing a matrimonial transfer
- Show where the wife actually lives, with documents — it is the central factor.
- List any related cases already pending in either town.
- If you are the other side, ask for appearance through counsel and by video rather than simply opposing.
- Keep disputes about income for the trial court; the transfer bench will not decide them.
Source. High Court of Andhra Pradesh at Amaravati, Tr.C.M.P. No. 157 of 2026, decided 3 September 2026 by Justice PURUSHOTTAM KUMAR CHINTALAPUDI. This explainer is written from the judgment text as reported.
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