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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A.V. RAVINDRA BABU, J.
Undrajavarapu Indira Bharathi Roy - Petitioner
Versus
Uppati Jyothi Kiran – Respondent
Transfer Civil Miscellaneous Petition No.181 Of 2022 And Transfer Civil Miscellaneous Petition No.182 Of 2022
Decided On : 23-12-2022

Advocates Appeared:
For the Petitioner: T. S. N. Murthy.
For the Respondent: V. Raghu.

Headnote:

Indian Penal Code, 1860 - Sections 498-A, 353, 363, 451, 506, 34 - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Protection of Children from Sexual Offences Act, 2012 - Guardians and Wards Act, 1890 - Sections 7, 8, 10, 17 and 25 - Transfer Petition - Harassment of woman to meet any unlawful demand - Transfer Civil Miscellaneous Petition is filed by petitioner with a prayer to transfer said case – Held, Petitioner is residing outside urban limits of Rajamahendravaram city, she cannot seek to transfer cases to Judge, Family Court - If she is residing within city limits, she would have approached Family Court even in filing maintenance case on behalf of minor child - Court is of considered view that it is not at all desirable, in interest of justice, to grant relief prayed - As parties are fighting with each other with all serious allegations indulging in filing cases against each other, it is necessary in interest of justice, not to grant relief prayed - Failure on part of petitioner to plead factum of C.R.P. orders in these applications would disentitle petitioner to claim relief – Court see no reason to grant relief - Petitions are dismissed.

ORDER :

1. The Transfer Civil Miscellaneous Petition No.181 of 2022 is filed by the petitioner by name Dr. Undrajavarapu Indira Bharathi Roy, who is the respondent in F.C.O.P.No.99 of 2022, on the file of Additional Family Court, Visakhapatnam District at Visakhapatnam, with a prayer to transfer the said case to the Judge, Family Court, Rajamahendravaram, East Godavari District.

2. The Transfer Civil Miscellaneous Petition No.182 of 2022 is filed by the petitioner by name Dr. Undrajavarapu Indira Bharathi Roy, who is the respondent in F.C.O.P.No.1693 of 2021, on the file of Additional Family Court, Visakhapatnam District at Visakhapatnam, with a prayer to transfer the said case to the Judge, Family Court, Rajamahendravaram, East Godavari District.

3. Both the Transfer Civil Miscellaneous Petitions are filed by the one and same petitioner. The respondent in both the Transfer Civil Miscellaneous Petitions are one and same i.e., husband of the petitioner. The contents of the Transfer Civil Miscellaneous Petitions are one and same and even the counter of the respondent is also one and same. Therefore, it is just and necessary to dispose these two applications by a common order.

4. The case of the petitioner, in brief, insofar as the Transfer Civil Miscellaneous Petition No.181 of 2022 is concerned, that the deponent is the petitioner, who knows the facts of the case. The respondent is her husband. Her marriage with respondent was performed on 11.04.2016 at Vysakhi Function Hall, Visakhapatnam, as per Christian caste and custom in the presence of family members and well-wishers. The marriage was duly consummated and she joined with the respondent at Visakhapatnam. During the wedlock, they were blessed with a female child on 19.12.2016. They lived happily for some time and thereafter, respondent demanded her for additional dowry and also Rs.50,00,000/- to purchase a PG seat and she was subjected to harassment physically and mentally. She got a job as Civil Assistant Surgeon at Avidi PHC, East Godavari District. The respondent is working at Government Hospital, East Godavari District on contract basis. He made propaganda against her that she has illicit intimacy with her colleagues in Avidi where she is working.

5. On 25.08.2021 at 11-50 A.M., respondent and others kidnapped her child, which is the subject matter in Crime No.282 of 2021 under Sections 498-A, 363, 451, 506 r/w 34 of Indian Penal Code (“I.P.C.” for short) and 3 and 4 of Dowry Prohibition Act, on the report lodged by her. The police traced out the child from the respondent at Chilakaluripeta, Guntur District. He attacked the police and the said incident is the subject matter in Crime No.465 of 2021 under Section 353 r/w 34 of I.P.C. of Chilakaluripeta Police Station.

6. The petitioner has to appear in F.C.O.P.No.99 of 2022, which is filed for divorce by the respondent before the Additional Family Court, Visakhapatnam by travelling 350 Kilometers from Rajamahendravaram to Visakhapatnam. She has threat of life from the respondent and his family members. She is residing at her parents’ house. Though she has accommodation in Avidi, still she is travelling from Rajamahendravaram to Avidi. Her parents are taking care of her minor child. She filed a maintenance case in M.C.No.14 of 2022 before the IV Additional Junior Civil Judge, Rajamahendravaram, which is pending. Petitioner is facing severe financial and physical problems to attend different Courts at Visakhapatnam. Hence, the petition.

7. The respondent got filed a counter denying the averments in the petition and resisting the allegations raised against him and it is sufficient here to extract the substance of the counter, which is relevant in deciding these applications.

8. What all the allegations raised against him on the allegations of demand of dowry, etc. are all false. In fact, he found the petitioner along with her colleague, Ravi Kumar, on 19.11.2020, in a compromising position when he and his parents went to th

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