HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY TRANSFER CIVIL MISCELLANEOUS PETITION No.55 of 2025

ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking transfer of FCOP.No.1605 of 2024 on the file of the Principal Family Court Judge, at Hyderabad, Kalpatharuvu Complex to the Court of I Additional Family Court Judge, Ranga Reddy District, at L.B.Nagar.

2. Heard Sri Yadu Krishna Sainath, learned counsel for the petitioner. Despite service of notice, there is no representation on behalf of the 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 Tr.C.M.P., averred that she and respondent are wife and husband; that their marriage was solemnized on 21.12.2018 at Vijaya Gardens, Champapet as per Hindu rites and customs; that after marriage ceremonies, she joined the matrimonial company of respondent at Champapet, Hyderabad, however, soon thereafter, the petitioner along with her husband went to USA and the respondent and his family members started harassing the petitioner both physically and mentally on petty reasons and also threatened her with dire consequences. As she was pregnant, she came back to India for delivery and blessed with a female child who is now aged about 4 ½ years. It is further averred that respondent filed FCOP.No.1605 of 2024 basing on created and concocted grounds, for dissolution of marriage before the Principal Family Court Judge, at Hyderbad, Kalpatharuvu Complex. In the meanwhile, the petitioner filed FCOP.No.1744 of 2024 before the Principal Family Court Judge, Ranga Reddy District at L.B.Nagar, seeking Restitution of Conjugal Rights and the same was transferred to I Additional Family Court Judge, Ranga Reddy District, at L.B.Nagar; Domestic Violence Case vide File No.5654/PO/DV Act 2005 before the V Additional Judicial First Class Magistrate at Ranga Reddy District, L.B.Nagar; and Maintenance Case vide M.C.No.302 of 2024 before the I Additional Family Court Judge, Ranga Reddy District, at L.B.Nagar and also lodged a complaint registered as FIR No.437 of 2024 dated 06.11.2024 at Women Police Station, Rachakonda, for the offences punishable under Sections 498-A, 406 and 506 of I.P.C and Sections 3 and 4 of Dowry Prohibition Act, 1961 and the said cases are pending.

4. The petitioner further averred that she is presently residing at Champapet, Hyderabad, along with her minor child and since all the cases are pending before the Courts at Ranga Reddy, F.C.O.P.No.1605 of 2024 can be tried along with FCOP.No.1744 of 2024 is convenient to the respondent. In those set of circumstances, the present Tr.CMP is filed.

5. Learned counsel for the petitioner apart from reiterating the averments made in the affidavit submitted that respondent is appearing in all the cases filed by the petitioner in the Courts at Ranga Reddy District, L.B.Nagar and therefore no prejudice would be caused to him if F.C.O.P.No.1605 of 2024 is transferred to the Court at Ranga Reddy District, L.B.Nagar. He further submitted that criminal case filed against the respondent is also pending at Women Police Station, Rachakonda. Therefore, it is appropriate that the TrCMP is allowed. Learned counsel for petitioner further submitted that no inconvenience is said to be caused to respondent if the case is transferred from the Court at Kalpatharuvu Complex to the Court at Ranga Reddy District, L.B.Nagar.

6. This Court considered the submissions made by learned counsel for the petitioner. Perused the material available on record.

7. The underlying principle governing the proceedings under Section 24 of the CPC seeking transfer of the case, appeal or other proceedings, is enunciated by the Hon'ble Supreme Court in a catena of judgments and the same was followed by various High Courts.

8. The Hon’ble Supreme Court in NCV Aishwarya Vs.

A.S.Saravana Karthik Sha, 2022 SCC Online SC 1199 held as follows:

“ The cardinal princip