THE HONOURABLE SMT. JUSTICE K. SUJANA

ORDER

This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, by the petitioner, who is the wife of the respondent, seeking the Court to transfer F.C.O.P.No.30 of 2024 pending on the file of the learned Family Court – Cum – III Additional District and Sessions Judge at Mahabubnagar to the file of the learned Principal Junior Civil Judge – Cum – Judicial First Class Magistrate at Wanaparthy. The F.C.O.P.No.30 of 2024 was filed by the respondent-husband under Section 307 (3) of the Mohammadan Law of Dissolution of Muslim Marriage Act, 1939, for the Voluntarily Desertion and not performing marital obligation with the petitioner under Islamic Shariat.

2. Heard Sri Badra Nanavath, learned counsel for the petitioner. Though notice was served, none appeared on behalf of respondent.

3. The facts of the case are that the marriage between petitioner and the respondent was solemnized on 21.10.2022. After the marriage, they lead their marital life for some period and thereafter, disputes arose between them, the respondent- husband filed F.C.O.P.No.30 of 2024 pending on the file of the learned Family Court – Cum – III Additional District and Sessions Judge at Mahabubnagar.

4. Learned counsel for the petitioner would submit that the petitioner also filed two cases viz., D.V.C. No.11 of 2024 and M.C. No.11 of 2024 on the file of learned Judicial Magistrate of First Class at Wanaparthy. He further submitted that the petitioner is residing with her parents at Wanaparthy and she is not having any male support to accompany her to travel to Mahabubnagar, as such, it is difficult to attend the Court at Mahabubnagar. Hence, he prayed the Court to transfer F.C.O.P.No.30 of 2024 from the learned Family Court – Cum –

III Additional District and Sessions Judge at Mahabubnagar.

5. Having regard to the submission made by the learned counsel for the petitioner and gone through the material available on record, since it is difficult for the respondent to travel from Wanaparthy to Mahabubnagar, on each and every date of adjournment, this Court deems it appropriate to transfer F.C.O.P.No.30 of 2024 from the file of learned Family Court – Cum – III Additional District and Sessions Judge at Mahabubnagar, to the file of learned Principal Junior Civil Judge – Cum – Judicial First Class Magistrate at Wanaparthy.

6. Accordingly, the Transfer Civil Miscellaneous Petition is allowed and F.C.O.P.No.30 of 2024 stands transferred from the file of the learned Family Court – Cum – III Additional District and Sessions Judge at Mahabubnagar, to the file of learned Principal Junior Civil Judge – Cum – Judicial First Class Magistrate at Wanaparthy. The Court concerned is hereby directed to transmit the entire case file relating to F.C.O.P.No.30 of 2024, after duly indexed, within a period of One (01) month 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.

Pending Miscellaneous Applications, if any, shall stand closed.

______________ K.SUJANA, J Date: 14.10.2024 gv/gms