THE HON’BLE SRI JUSTICE K.SARATH Transfer CMP No.328 of 2022

ORDER:

Heard the learned Counsel for the appearing for petitioner and the learned Counsel appearing for the respondent.

2. This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, 1908 (for short ‘CPC’) by the petitioner-wife against the respondent-husband seeking for transfer of FCOP No.478 of 2022 from the file of II Additional District and Sessions Judge-cum-II Additional Family Court, Medchal-Malkajgiri to the Court of Senior Civil Judge, Bhongir, Yadadri-Bhuvangiri District.

3. The learned Counsel for the petitioner submits that marriage of the petitioner with the respondent was solemnized on 21.04.2016 at Yadagirigutta as per the customs prevailing in their community. Immediately after the marriage the petitioner joined the company of the respondent and lead happy marital life for one year and they begot a female child, namely Vaishnavi, on 19.01.2017. Thereafter disputes arose between the spouses and the petitioner filed a criminal case against the respondent and his family members and the same was registered as CC No.989 of 2021 on the file of Judicial Magistrate of First Class, Bhongir. The petitioner also filed a case in DVC No.29 of 2021 against the respondent and the same is also pending on the file of Judicial Magistrate of First Class, Bhongir. Meanwhile, the respondent also filed FCOP No.412 of 2021 on the file of 16th Additional District Cum-III Additonal Family Court at Malkajgiri and subsequently it was transferred to II Additonal Metropolitan Sessions Judge-cum-II Family Court at Medchal, where it was renumbered as FCOP No.478 of 2022. As petitioner along with her child is living at her parents house at Dathaipalli of Yadadri-Bhuvangiri District and she is facing difficulty both financially and physically to attend the proceedings in FCOP No.478 of 2022 at Malkajgiri filed by the respondent and it would be convenient to her if the said FCOP No.478 of 2022 is transferred to the Court of Senior Civil Judge at Bhongir, Yadadri-Bhuvangiri District, as other two cases filed by the petitioner are also pending at Bhongir and requested to allow the Transfer Civil Miscellaneous Petition.

4. On the other hand, the learned Counsel for the respondent basing on the counter submits that the petitioner deserted the respondent without any reason and left the matrimonial home on 21.09.2017. It is not true that the petitioner is completely dependant on her family members for her expenses and she would be put to hardship to travel to Medchal Family Court for the hearings. In fact the petitioner is working at Akzonobel Paints at Balanagar, Hyderabad as an Accountant and staying alone in a ladies Hostel leaving their daughter at her parents Home at Dathaipalli. There is no need to appear in CC No.989 of 2021 through out the proceedings except on the date of recording of her evidence and the DVC No.29 of 2021 is coming for cross-examination of PW4 and her presence can be dispensed with permission of the Court. The respondent is working in BDL as Technical Assistant in Missile Department and he would be out of station for one month in every three months and in view job of the respondent, the Court also dispensed with the presence of the respondent in DVC No.29 of 2021 and there are no merits in the petition and requested to dismiss the petition.

5. After hearing both sides and upon perusing the record this Court is of the considered view that the petitioner and the respondent are wife and husband respectively and their marriage was solemnized on 21.04.2016 and in view of disturbances between the spouses the petitioner along with her daughter started living at her parental house at Dathaipalli, near Yadadri-Bhongiri. Thereafter, the petitioner filed a criminal case against the respondent and his family members in Thurkapalli Police Station, which is numbered as CC No.989 of 2021 and also another case under Domestic Violance Act in DV