THE HON’BLE SMT. JUSTICE RENUKA YARA Tr.C.M.P. No.100 of 2025

ORDER:

Heard Ms.G.Pravallika, learned counsel for the petitioner and Sri R.Nagarjuna Reddy, learned counsel for the respondent.

2. The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code seeking transfer of H.M.O.P No.137 of 2024 pending on the file of the learned Senior Civil Judge at Godavarikhani to the file of the learned I Additional District and Sessions Judge-cum- Additional Family Court at Medchal-Malkajgiri.

3. Learned counsel for the petitioner submitted that the petitioner and respondent are wife and husband and their marriage took place on 27.04.2016 as per Hindu rights. Both were residents of Karimnagar District and were blessed with a boy and thereafter, due to marital disputes, the petitioner lodged a complaint against the respondent-husband and his family members under Section 85 of the Bharatiya Nyaya Sanhita, 2003 (BNS) and Sections 3 and 4 of the Dowry Prohibition Act, 1961, at Kushaiguda Police Station. Thereafter, the petitioner has also filed M.C.No.10 of 2025 on the file of the learned I Additional District and Sessions Judge- cum-Additional Family Court and DVC on the file of the learned II Additional Judicial Magistrate of First Class, Medchal-Malkajgiri. The respondent filed H.M.O.P.No.137 of 2024 on the file of the learned Senior Civil Judge at Godavarikhani, seeking divorce alleging cruelty and desertion. Learned counsel further submitted that the petitioner sought transfer as she has to take care of her six years old boy, and the distance between Godavarikhani and Medchal-Malkajgiri is 220 kilometers and that there is life threat to her from the respondent.

4. Learned counsel for the respondent filed counter alleging that the petitioner is habituated to leading a luxurious life and she has eloped with some other person, and not living with her parents and that she deserted the respondent to pursue her career and lavish life. Further, it is pleaded that the respondent has old aged father, who is suffering from ailments and as such, opposed the petition.

5. Perused the record. It is seen that both the parties are making allegations of cruelty and torture against one another. Currently, there is no evidence on record supporting the version of either of the parties. As per record, the petitioner is living at Medchal-Malkajgiri along with her son, while her parents are residents of Godavarikhani. The petitioner has no employment and no income. Convenience of the petitioner-wife has to be taken into consideration for deciding the Tr.CMPs involving matrimonial disputes.

6. Since the petitioner is a resident of Medchal-Malkajgiri and the remaining cases i.e., M.C.No.10 of 2025 and DVC are also to be prosecuted in the jurisdiction of Medchal-Malkajgiri, the present H.M.O.P. No.137 of 2024 is also transferred to the file of the learned I Additional District and Sessions Judge-

cum-Additional Family Court at Medchal-Malkajgiri.

7. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. H.M.O.P.No.137 of 2024 stands transferred from the file of the learned Senior Civil Judge at Godavarikhani, to the file of the learned I Additional District and Sessions Judge- cum-Additional Family Court, Medchal-Malkajgiri. The Court concerned is hereby directed to transmit the entire case file relating to H.M.O.P.No.137 of 2024, after duly indexed, within a period of one month from the date of receipt of a copy of this order, under intimation to the other side. No costs.

Miscellaneous Petitions, if any, pending in this petition, shall stand closed.

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JUSTICE RENUKA YARA Date: 19.11.2025 Aks/rkk