Telangana High Court
Smt. Bobbili Usha Rani vs Bobbili Raj Kumar on 4 January, 2024
THE HONOURABLE SMT. JUSTICE K. SUJANA
Tr.C.M.P.No.411 OF 2023
ORDER:
This Transfer Civil Miscellaneous Petition is filed by the petitioner, who is the wife of the respondent, under Section 24 of the Code of Civil Procedure, 1908, seeking the Court to transfer F.C.O.P.No.660 of 2023 from the file of the learned Judge, Additional Family Court, Medchal-Malkajgiri District to the file of the learned Senior Civil Judge, Narayanpet.
2. As could be seen from the averments in the affidavit filed in support of the petition, the marriage of the petitioner with the respondent was solemnized on 30.03.2016 as per Hindu rites and customs at Hyderabad and they were blessed with two male children. Later due to harassment by the respondent and in-laws, the petitioner lodged a complaint before the Station House Officer, Marikal Police Station, Narayanpet District which was registered as FIR in Cr.No.18 of 2023 against the respondent-husband and her in-laws under Section 498-A read with 34 of Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961, and the same is pending. As a counter blast to the crime filed by the 2 SKS, J Tr.C.M.P.No.411 of 2023 petitioner, the respondent-husband filed F.C.O.P.No.660 of 2023 against the petitioner-wife on the file of learned Additional Family Court Judge, Medchal-Malkajgiri District seeking dissolution of marriage with all false and frivolous allegations. Since, it is very difficult to the petitioner to attend the Additional Family Court, Medchal-Malkajgiri District, on each and every date of hearing, she filed the present petition seeking transfer of F.C.O.P.No.660 of 2023 from the file of the learned Judge, Additional Family Court, Medchal-Malkajgiri District, to the file of the learned Senior Civil Judge, Narayanpet.
3. Heard learned counsel for the respective parties and perused the record.
4. Learned counsel for the petitioner would submit that the petitioner is resident of Narayanpet and she filed C.C.No.41 of 2023 and D.V.C.No.2 of 2023 on the file of Judicial Magistrate of First Class, Narayanpet and M.C.No.2 of 2023 on the file of Principal Judicial First Class Magistrate at Narayanpet, which are pending. She is residing at Narayanpet along with her minor sons. As a counter-blast respondent-husband filed this 3 SKS, J Tr.C.M.P.No.411 of 2023 F.C.O.P.No.660 of 2023 and as she cannot travel on each and every hearing day to the said Court from her residence which is nearly 160 KM in distance. Hence, learned counsel for the petitioner prayed the Court to transfer the F.C.O.P.No.660 of 2023 from the Court of learned Additional Family Judge, Medchal-Malkajgiri District filed by the respondent to the Court of learned Senior Civil Judge, Narayanpet.
5. Learned counsel for the respondent submitted no objection for the same.
6. Having considered the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner, since a Criminal Case, Maintenance Case and a Domestic Violence Case are pending against the respondent- husband in Narayanpet, this Court deems it appropriate to transfer FCOP No.660 of 2023 from the Court of learned Additional Family Judge, Medchal-Malkajgiri, to the Court of learned Senior Civil Judge at Narayanpet.
7. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. Consequently, F.C.O.P.No.660 of 2023 is transferred from the file of the learned Judge, Additional Family Court, 4 SKS, J Tr.C.M.P.No.411 of 2023 Medchal-Malkajgiri, to the file of the learned Senior Civil Judge, Narayanpet. The Court concerned is hereby directed to transmit the entire case file relating to F.C.O.P.No.660 of 2023, after duly indexed, within a period of thirty days from the date of receipt of a copy of this order, under intimation to the other side. There shall be no order as to costs.
8. Pending Miscellaneous Applications, if any, shall stand closed.
______________ K.SUJANA, J Date: 04.01.2024 BV