HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY TRANSFER CIVIL MISCELLANEOUS PETITION No.392 of 2024

ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking to transfer HMOP.No.19 of 2024 pending on the file of the Senior Civil Judge, Devarakonda to the Family Court, Ranga Reddy District at L.B.Nagar.

2. Heard Sri M.Goverdhan Reddy, learned counsel for petitioner and Sri Udith Narayan, learned counsel representing Sri Rapolu Bhaskar, learned counsel on record for respondent.

3. The brief facts of the case, shorn-off unnecessary details, required for adjudication of this Tr.C.M.P., are that the petitioner in her affidavit filed in support of the TrCMP, averred that she and respondent are wife and husband; that their marriage was solemnized on 17.08.2017 at her parents’ Village and out of the wedlock, they were blessed with a male child, who is now aged five years; that for some time, petitioner and respondent lived happily for about five years and subsequently, disputes arose between them and respondent decided to live separately from joint family and left the company of petitioner without any information;

that she filed complaint in Crime No.244 of 2020 against the respondent under Sections 498-A and 323 IPC and Sections 3 and 4 of Dowry Prohibition Act before Saroornagar Women Police Station and in connection with the same, CC.No.1277 of 2021 is pending on the file of II Additional Metropolitan Magistrate, Cyberabad, L.B. Nagar, Ranga Reddy District. It is further averred that petitioner also filed MC.No.298 of 2021 before the Family Court, Ranga Reddy District and respondent has been appearing in the aforesaid CC and MC; that she filed IA.No.316 of 2021 in the said M.C. seeking interim maintenance, however, the same was not granted and hence, petitioner is entirely dependent on her parents for her livelihood.

3.1. It is further averred that respondent filed HMOP.No.61 of 2023 on the file of Senior Civil Judge, Nalgonda, however, in view of formation of new Courts, the said case was transferred to the Court of Senior Civil Judge, Devarakonda and renumbered as HMOP.No.19 of 2024.

3.2. By contending as above, the petitioner averred that it is inconvenient for her to travel from Hyderabad to Devarakonda, which is about 100 kms, to attend the Court proceedings on every date of hearing, by taking care of her minor child aged five years and hence, prayed to allow this Tr.CMP.

4. Learned counsel for the petitioner apart from reiterating the averments made in the affidavit submitted that respondent is appearing in the aforesaid MC and CC pending in the Courts at Ranga Reddy District and therefore, no inconvenience or prejudice would be caused to respondent if HMOP.No.19 of 2024 is transferred as sought for. He further submitted that since the petitioner has got a child aged 5 years to be taken care of and further, as the petitioner is completely dependent on her parents for her livelihood, it is very difficult for her to attend the Court proceedings in the HMOP at Devarakonda and hence, prayed to allow this TrCMP.

5. On the other hand, learned counsel for respondent submitted that respondent is ready to bear the travel and other incidental expenses of petitioner which she may incur to attend the Court at Devarakonda and hence, prayed to dismiss the TrCMP.

6. Learned counsel for respondent placed reliance on orders passed by this Court in TrCMP.Nos.64 and 225 of 2024, vide orders dated 25.06.2024 and 12.08.2024, respectively.

7. This Court has gone through the aforesaid orders. TrCMP.No.64 of 2024 filed by the petitioner therein/wife was dismissed on the ground that both the parties therein are residing at Nirmal and as such, there is no reason to transfer the HMOP pending in the Court at Nirmal to the Courts at Hyderabad or Ranga Reddy District, as sought for by the petitioner.

8. In the present case, admittedly, the petitioner is residing with her parents at Saroornagar, Hyderabad, Ranga Reddy District and respondent is residing at V