The court affirmed that in matrimonial matters, the convenience of the wife takes precedence, and unsubstantiated claims of danger do not merit the transfer of ongoing cases.

COMMON ORDER:

The petitioners in Tr.Crl.P.No.13 of 2025 filed the present petition under Section 447 of B.N.S.S., seeking to withdraw D.V.C.No.01 of 2024, on the file of the Judicial Magistrate of First Class, Atmakur, SPSR Nellore District and transfer the same to the I Additional Chief Judicial Magistrate, Vijayawada, NTR District.

The petitioner in Tr.Crl.P.No.19 of 2025 filed the present petition under Section 447 of B.N.S.S., seeking to withdraw M.C.No.01 of 2024, on the file of the Judicial Magistrate of First Class, Atmakur, SPSR Nellore District and transfer the same to the I Additional Chief Judicial Magistrate, Vijayawada, NTR District.

The petitioner in Tr.C.M.P.No.67 of 2024 filed the present petition under Section 24 of Code of Civil Procedure, 1908, seeking to withdraw H.M.O.P.No.07 of 2024, on the file of the Principal Senior Civil Judge, Atmakur, SPSR Nellore District and transfer the same to the Family Court, Vijayawada, NTR District.

As the parties in all the three (03) Transfer Petitions are one and the same, therefore, these petitions are clubbed and a common order is being pronounced in the three (03) Transfer Petitions.

2. The case of the petitioners in brief is as follows:

I. The petitioner by name Mr. Veenam Sai Ram is the husband of the respondent by name Smt. Veenam Swetha Rani and their marriage was performed at Prakasam District on 23.11.2016 as per Hindu rites and customs.

Due to matrimonial disputes between both the parties, they are residing separately. The petitioner/husband pleaded that after their marriage the respondent/wife has joined with him in their marital house at Ramakrishna Puram, Saroornagar Mandal, Ranga Reddy District and thereafter, in view of the employment, they shifted to Tirupati. The petitioner/husband further pleaded that the parents of the respondent/wife belongs to Atmakur, Nellore District and the petitioner used to look after the respondent/wife with love and affection by providing all amenities.

The petitioner further pleaded that he had filed a Divorce Petition vide F.C.O.P.No.74 of 2024, on the file of the Family Court, L.B.Nagar, Ranga Reddy District and subsequently, by the verdict of the order dated 18.12.2024, passed by the Hon’ble Apex Court in Transfer Petition (Civil) No. 1748 of 2024 which was preferred by the respondent/wife, the case in F.C.O.P.No.74 of 2024, on the file of the Family Court, L.B.Nagar, Ranga Reddy District was transferred to the Principal Senior Civil Judge, Atmakur.

II. The petitioner pleaded that the respondent/wife had filed a Maintenance Case vide M.C.No.01 of 2024, a Domestic Violence Case vide D.V.C.No.01 of 2024 , on the file of the Judicial Magistrate of First Class Atmakur, SPSR Nellore District and H.M.O.P.No.07 of 2024, on the file of the Principal Senior Civil Judge, Atmakur, SPSR Nellore District, under Section 9 of the Hindu Marriage Act, 1955 seeking for restitution of conjugal rights and the same are pending for adjudication. The petitioner further pleaded that the respondent/wife had also lodged complaint before the Atmakur Police Station vide FIR No. 18 of 2024 and r \ the same was numbered as C.C.No.374 of 2024. on the file of the Judicial Magistrate of First Class, Atmakur and the same is also pending and the petitioner is attending the Court proceedings in the aforesaid cases before the Competent Court at Atmakur, SPSR Nellore District.

Learned counsel for petitioner/husband contended that the respondent/wife is lodging false complaints against the petitioner/husband and his family members and due to life threat to the petitioner and his family members, the petitioner is constrained to file the present transfer petitions.

3. Heard Sri M.M.M.Srinivasa Rao