The Andhra Pradesh High Court has dismissed a husband's plea seeking transfer of a matrimonial case pending before the Family Court in Tirupati. The Court held that a party's subjective fear or apprehension of bias cannot, by itself, become a ground for transferring a case unless supported by credible material showing unfair conduct.
Justice V. Gopala Krishna Rao passed the order while hearing a transfer petition filed by the husband under Section 24 of the Code of Civil Procedure.
Background of the Case
The dispute arose between a married couple whose marriage was solemnized in May 2023. The husband, a software engineer residing in the United States, claimed that he had been subjected to mental cruelty and had already initiated divorce proceedings.
Meanwhile, the wife filed a petition before the Family Court at Tirupati seeking restitution of conjugal rights, a legal remedy through which a spouse requests restoration of marital cohabitation.
The husband sought transfer of that case to another court in Chittoor District. He argued that the Presiding Officer of the Family Court at Tirupati was acting unfairly and that he had a reasonable apprehension that he would not receive an impartial hearing.
According to him, directions issued by the Family Court regarding his appearance and participation in proceedings reflected prejudice against him.
Court’s Observations
After examining the record, the High Court found no material to support the allegations made against the Family Court Judge.
The Court noted that the husband had already challenged certain procedural orders through separate proceedings, which were pending consideration before the High Court. It also observed that exemptions granted in one matrimonial case could not automatically apply to other pending cases.
Rejecting the allegation of bias, the bench observed that there was no prima facie evidence showing that the Family Court Judge was influenced by any extraneous considerations or was acting unfairly.
The Court stated,
“Mere apprehension is not a ground for seeking transfer of a case from one Court to another Court.”
Justice Rao further noted that all three matrimonial proceedings between the parties were already pending before the Family Court at Tirupati. Transferring only one case to another court within the district would not serve the convenience of either party.
The Court also took note of the fact that the husband was residing in the United States while the wife was residing in Tirupati.
Decision
Finding no substance in the allegations and no material supporting the claim of judicial bias, the Andhra Pradesh High Court held that the transfer petition lacked merit.
Accordingly, the Court dismissed Transfer Civil Miscellaneous Petition No. 387 of 2025 and declined to transfer the matrimonial proceedings from the Family Court at Tirupati. The Court also ordered closure of all pending miscellaneous applications and interim orders connected with the petition.
Case Details:
Case Title: Varun Jeeri v. Siddavatam Pujitha @ Pujitha Jeeri
Case Number: Transfer Civil Miscellaneous Petition No. 387 of 2025
Judge: Justice V. Gopala Krishna Rao
Decision Date: 15 June 2026
