THE HONOURABLE SMT JUSTICE K. SUJANA TRANSFER CRIMINAL PETITION No.94 of 2025

ORDER:

This Transfer Criminal Petition is filed with a prayer to transfer MC.No.03 of 2025 pending on the file of the Principal Junior Civil Judge cum Judicial Magistrate of First Class, at Sangareddy, to the file of the Family Judge, City Civil Court, at Secunderabad, to be tried along with FCOP.No.129 of 2025.

2. Heard Sri T.Surya Satish, learned counsel for petitioner, and Sri V.Ravi Krishna, learned counsel for respondents.

3. Learned counsel for petitioner submitted that the petitioner and respondent No. 1 had a love marriage solemnized on 24.09.2009, and later, the parents of petitioner performed another marriage ceremony on 12.11.2009. The couple had two children, and their marital relationship was peaceful until 2017. However, after respondent no. 1 became a bank manager, she started creating issues and harassing the petitioner with false allegations. The respondent no. 1 filed a complaint with false allegations, leading to an FIR and a Domestic Violence Case (DVC). The petitioner has filed a divorce petition before the Family Court at Secunderabad and is seeking to transfer the Maintenance Case (MC) filed by respondent no. 1 to the same Court to avoid conflict of orders and multiple trials. The counsel argues that it would not be a hardship for the respondents to appear before the Court at Secunderabad, as they are currently residing there, and the children are studying at a school in Secunderabad. Therefore, prayed this Court to allow this transfer criminal petition.

4. On the other hand, the learned counsel appearing for respondents, opposed the submissions made by learned counsel for petitioner, contending that the transfer petition filed by the petitioner is not maintainable in law or on facts and is liable to be dismissed. He asserted that petitioner filed the divorce petition (FCOP 129 of 2025) on the file of the Principal Family Court, Secunderabad, with false and heinous allegations against the respondent, with the intention of removing her counsel and harassing her and her minor children. He further contended that the petitioner has been spying and watching them and has not paid the maintenance ordered in the DVC. While advocating that the transfer petition is filed with unclean hands and with the intention of creating conflict of interest and causing hardship to the respondents, he prayed this Court to dismiss the transfer criminal petition.

5. Upon consideration of the submissions advanced by both learned counsel and on careful examination of the record, it is noted that the petitioner seeks transfer of MC.No.03 of 2025 to the Family Court at Secunderabad, citing convenience of both parties, and pendency of FCOP.No.129 of 2025 in the same Court, and the fact that the respondents reside at Secunderabad and minor children are also studying in a school situated at Secunderabad. However, it is also noted that the respondent has opposed the same, asserting that she frequently visits Sangareddy due to health-related reasons and that several other proceedings between the parties are pending before the Courts at Sangareddy. In view of the said circumstances, this Court is not inclined to accede to the prayer for transfer of MC.No.03 of 2025 pending on the file of the Principal Junior Civil Judge cum Judicial Magistrate of First Class, at Sangareddy, to the file of the Family Judge, City Civil Court, at Secunderabad, to be tried along with FCOP.No.129 of 2025. There are no merits in this transfer criminal petition and the same is liable to be dismissed.

6. Accordingly, the Transfer Criminal Petition is dismissed.

There shall be no order as to costs.

Miscellaneous applications, if any pending, shall stand closed.

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K. SUJANA, J Date: 11.09.2025 PT