THE HONOURABLE SMT. JUSTICE K. SUJANA TRANSFER CRIMINAL PETITION No.107 OF 2025

ORDER:

This Transfer Criminal Petition is filed under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking to transfer the M.C.No.42 of 2022, on the file of the learned Principal Judicial First Class Magistrate at Suryapet, to the file of learned I Additional Judge, Family Court, Hyderabad.

2. Heard Sri M.Pratap Singh, learned counsel for the petitioner and Sri D.Arun Kumar, learned Additional Public Prosecutor for respondent No.2 -State.

3. Learned counsel for the petitioner submitted that the petitioner herein is residing at Hyderabad and she is unable to travel from Hyderabad to Suryapet for attending the court on every adjournment. Hence, requested the Court to transfer the same from Suryapet to Hyderabad.

4. Learned counsel for respondent No.1 submitted that the respondent No.1 is residing at Hyderabad and he filed divorce at City Civil Court, Hyderabad. Whereas, the only objection of the petitioner is to transfer the M.C.No.42 of 2022 and D.V.C.No.30 of

2022 which are pending at Suryapet and hence requested to transfer the same to Hyderabad.

5. In the light of the submissions made by both the learned counsel and a perusal of the material available on record, it is clear that the MC and DVC cases are pending at Suryapet, and the respondent is also attending the proceedings in the said cases. At this stage, it is pertinent to note that in respect of transfer of proceedings of a matrimonial dispute, the convenience of the wife is to be preferred over the convenience of husband, as held by the Hon’ble Apex Court in the case of Rajani Kishor Paradeshi Vs. Kishore Babulal Paradeshi, (2005) 12 SCC 237 and Sumita singh Vs. Kumar Sanjay and another2. Hence, this Court is of the opinion that sufficient grounds are made out on facts and in law to accept the plea of the petitioner/wife to transfer the M.C.No.42 of 2022 pending on the file of the learned Principal Judicial First Class Magistrate at Suryapet to the file of the learned I Additional judge, Family Court, Hyderabad.

6. Accordingly, the Transfer Criminal Petition is allowed and M.C.No.42 of 2022 stands transferred from the learned Principal Judicial First Class Magistrate at Suryapet to the learned I

2 AIR 2002 SC 396

Additional Judge, Family Court, Hyderabad. The Court concerned is hereby directed to transmit the entire case file after duly indexed, within a period of One (1) month from the date of receipt of a copy of this Order, under intimation to the other side. There shall be no order as to costs.

Pending Miscellaneous Applications, if any, shall stand closed.

______________ K.SUJANA, J Date: 09.10.2025 pl