1. This petition is filed under Section 24 of the Civil Procedure Code, praying the Court to transfer O.P.No.155 of 2022 pending on the file of the Additional Family Court cum III Additional District Judge, Medchal-Malkajgiri District, at Kukatpally, to the file of the Senior Civil Judge, Huzurnagar, Suryapet.
2. The brief facts of the case are that the marriage of petitioner and respondent was performed on 02.07.2021 as per Hindu Rites and Customs in Kodad Town, Suryapet District. Later, disputes arose between the petitioner/wife and respondent/husband, as such, the petitioner/wife lodged complaint before the Kodad Town Police Station, alleging that the respondent/husband and his family members subjected her to harassment. The said complaint was registered as FIR.No.75 of 2022 and after conducting investigation, the Police filed charge sheet against the respondent/husband and the same is pending on the file of the Judicial Magistrate of First Class, at Kodad, vide C.C.No.765 of 2022. The petitioner/wife also filed D.V.C.No.16 of 2022 pending on the file of the Senior Civil Judge, Huzurnagar, Suryapet.
3. The respondent/husband filed O.P.No.155 of 2022 pending on the file of the Additional Family Court cum III Additional District Judge, Medchal-Malkajgiri District, at Kukatpally, seeking divorce on the ground of cruelty. Aggrieved thereby, the petitioner/wife filed this transfer petition praying to transfer O.P.No.155 of 2022 pending on the file of the Additional Family Court cum III Additional District Judge, Medchal-Malkajgiri District, at Kukatpally, to the file of the Senior Civil Judge, Huzurnagar, Suryapet.
4. Heard Sri K.Laxmaiah, learned counsel representing Sri Brahmaiah Choudary Veerepalli, learned counsel on record for petitioner, and Sri G.Sundaresan, learned counsel for respondent.
5. Learned counsel for petitioner/wife submitted that at present the petitioner/wife resides in Kodad Town, Suryapet District, as such, being a woman, it has become difficult for the petitioner/wife to travel from Kodad, Suryapet District to Medchal-Malkajgiri District, to attend the proceedings in O.P.No.155 of 2022. Further, the petitioner/wife is compelled to move from Kodad at least one day prior to the date of hearing so as to reach Hyderabad and take shelter at one place or the other, and then attend the proceedings in the said O.P., before the Additional Family Court cum III Additional District Judge, Medchal-Malkajgiri District, at Kukatpally.
6. Learned counsel for petitioner/wife further submitted that the respondent/husband is already attending the proceedings in C.C.No.765 of 2022 and D.V.C.No.16 of 2022 pending on the file of Judicial Magistrate of First Class, at Kodad, and on the file of the Senior Civil Judge, Huzurnagar, Suryapet, respectively, therefore, no prejudice would be caused to respondent/husband if O.P.No.155 of 2022 is transferred to the file of the Senior Civil Judge, Huzurnagar, Suryapet.
7. Learned counsel for respondent/husband submitted that the petitioner/wife is seeking transfer of O.P.No.155 of 2022 on the grounds of threat and inconvenience. He contended that there is no threat perception as the petitioner/wife has not appeared even once before the Family Court, at Kukatpally. He further contended that at present the petitioner/wife is residing in Sanga Reddy and working in WTP Cost Advisory Services India Private Limited, at Hyderabad, and merely for the convenience of petitioner/wife the O.P.No.155 of 2022 cannot be transferred to the file of the Senior Civil Judge, Huzurnagar, Suryapet. As such, prayed the Court to dismiss the transfer petition.
8. Having regard to the rival submissions made, it is noted that on the one hand, the petitioner/wife filed C.C.No.765 of 2022 and D.V.C.No.16 of 2022 on the file of Judicial Magistrate of First Class, at Kodad, and on the file of the Senior Civil Judge, Huzurnagar, Suryapet, respectively, and on the other hand, the respondent/husband filed O.P.No.155 of 2022 pending on the file of the Additional Family Court cum III Additional District Judge, Medchal-Malkajgiri District, at Kukatpally.
9. Perusal of the record would reveal that in O.P.No.155 of 2022 though the husband mentioned the address of wife as H.No.5-100568, Plot No.5, Lane 1, Green Field Senthan Homes Parley, Ameenpur, Sangareddy, notice was not served on her, as such, paper publication was issued on behalf of husband. Therefore, it can be said that petitioner/wife is not residing in Sangareddy.
10. Having regard to the fact that the petitioner/wife is expressing threat in the hands of respondent/husband and that respondent/husband is already attending the proceedings in C.C.No.765 of 2022 and D.V.C.No.16 of 2022 pending on the file of Judicial Magistrate of First Class, at Kodad, and on the file of the Senior Civil Judge, Huzurnagar, Suryapet, this Court is of the opinion that no prejudice would be caused to respondent/husband if O.P.No.155 of 2022 is transferred from the file of the Additional Family Court cum III Additional District Judge, Medchal-Malkajgiri District, at Kukatpally, to the file of the Senior Civil Judge, Huzurnagar, Suryapet.
11. Accordingly, this Transfer Civil Miscellaneous Petition is allowed and O.P.No.155 of 2022 stands transferred from the file of the Additional Family Court cum III Additional District Judge, Medchal-Malkajgiri District, at Kukatpally, to the file of the Senior Civil Judge, Huzurnagar, Suryapet. The Court concerned is hereby directed to transmit the entire case file relating to O.P.No.155 of 2022, after duly indexed, within a period of one month from the date of receipt of copy of this order, under intimation to the other side. There shall be no order as to costs.
Miscellaneous applications, if any, pending in this Tr.C.M.P., shall stand closed.
