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2024 Supreme(Online)(TEL) 24082

THE HONOURABLE SMT. JUSTI CE K. SUJANA Tr .C.M.P.NO.2 6 5 OF 2 0 2 4 AND Tr .C.M.P.NO.2 8 6 OF 2 0 2 4

COMMON ORDER:

These Transfer Civil Miscellaneous Petitions are filed under Section 24 of the Code of Civil Procedure, 1908,

Tr.C.M.P.No.286 of 2024 is filed by the petitioners-husband and his other relatives to transfer DVC.No.17 of 2023 on the file of the learned Additional Judicial Magistrate of First Class, Nizamabad District, Bodhan, to any competent Court of Metropolitan Magistrate Courts, Ranga Reddy District, L.B.Nagar, and Tr.CMP.No.265 of 2024 is filed by the petitioner-wife to transfer FCOP.No.791 of 2024 from the file of the learned II Additional Family Court, Ranga Reddy District, L.B.Nagar, to the Senior Civil Judge, Bodhan, Nizamabad District.

2. Since parties in both the petitions are one and the

same, they are arrayed as parties as in Tr.CMP.No.265 of

2024 and therefore, common order would suffice to dispose of both the Petitions.

3. The brief facts of the case are that the marriage between the petitioner-wife and the respondent-husband was solemnized on 10.02.2022 at Nizamabad. After marriage, they both lived happily for two months and later the respondent-husband along with his family members started harassing the petitioner for additional dowry. When the petitioner refused to get the same, she was mercilessly driven out of the conjugal home. The petitioner further alleged that she filed DVC No.17 of 2023 against the respondent-husband and his family members under Section 12 of Protection of Women from Domestic Violence Act, and the same is pending before the learned Additional Judicial First Class Magistrate, Bodhan. The petitioner herein lodged a complaint against the respondent-husband and his relatives with the police, Renjal Police Station for the offences under Sections 498-A, 325 r/ w 34 of Indian Penal Code and Section 4 of the Dowry Prohibition Act (for short ‘D.P.Act), and Section 156(3) of Criminal Procedure Code, and the same has been registered as FIR.No.137 of 2023.

After filing these cases, respondent-husband filed

FCOP.No.791 of 2024 on the file of the learned II Additional Family Court, Ranga Reddy District, L.B.Nagar.

4. Heard Sri T.Srujan Kumar Reddy, learned counsel for the petitioner and Sri J.Azad Chandra Sekhar, learned counsel for the respondents.

5. Learned counsel for the petitioner submitted that the petitioner is living with her old aged parents at Nizamabad, and she is not in a position to spend huge amounts to travel, as such, it is difficult for her to attend the proceedings in F.C.O.P.No.791 of 2024 pending on the file of the learned II Additional Family Court, L.B.Nagar, on each and every date of adjournment. Therefore, she prayed the Court to transfer F.C.O.P.No.791 of 2024 to the Senior Civil Judge, Bodhan, Nizamabad.

6. On the other hand, learned counsel for the respondent-husband would submit that the petitioner-wife is residing in Hyderabad and is working as a Junior Software Engineer. Even though, she is residing at Hyderabad, only to harass the husband and other relatives, she lodged a report and also filed DVC case in Bodhan, as such, requested the Court to dismiss the petition filed by the petitioner-wife and also to transfer DVC.No.17 of 2023 from Judicial First Class, Bodhan to competent Court at L.B.Nagar.

7. In the light of the submissions made by the learned counsels for the parties and a perusal of the material available on record, the only contention of the respondent- husband is that even though, the petitioner-wife is residing at Hyderabad and working as Junior Software Engineer, she filed cases against him only to harass them. At present, no document has been filed to prove that the petitioner-wife is residing at Hyderabad. On the other hand, the DVC was filed in the year 2023 and the same is pending before the Court at Bodhan. At this stage, it is pertinent to note that in respec

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