HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY Tr.C.M.P.No.150 of 2025

ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking to transfer F.C.O.P.No.1649 of 2024, pending on the file of the learned Judge, Family Court, Ranga Reddy District, at L.B.Nagar, to the Court of Senior Civil Judge, Vikarabad.

2. Heard Ms.Akula Sunitha, learned counsel for petitioner and there is no representation on behalf of the respondent, despite service of notice. Therefore, the matter is being disposed of basing on the material available on record.

3. The brief facts of the case, shorn-off unnecessary details, required for adjudication of this Tr.C.M.P., as averred in the affidavit filed in support of the Tr.C.M.P., are that petitioner and respondent are wife and husband and their marriage was performed on 21.11.2021, at Bhukailas Temple, Antaram Village, Tandur Mandal, Vikarabad District, as per Hindu rites and customs prevalent in their community; that after marriage, she joined matrimonial house of respondent, that few days after the marriage, respondent and his family members started harassing the petitioner physically and mentally, and in view of the harassment, petitioner lodged a complaint on 30.10.2023, against the respondent, before the S.H.O, Tandur. As the Police did not register case against the respondent, petitioner filed a complaint under Section 156(3) of Cr.P.C and the same was referred to the Police and the Police registered a case in Cr.No.249 of 2023, under Section 498-A, 323, 506, 109 R/w.34 of IPC and then, after investigation, Police filed charge sheet and the same was numbered as C.C.No.8 of 2024, and the same is pending on the file of Judicial First Class Magistrate, At Tandur, Vikarabad District. Subsequently, the respondent filed F.C.O.P.No.1649 of 2024, seeking dissolution of marriage, before the Family Court, Ranga Reddy District, at L.B.Nagar.

4. It is further averred that petitioner has also filed D.V.C.No.1 of 2024 and M.C.No.2 of 2024, against the respondent before the learned Judicial First Class Magistrate, at Tandur, Vikarabad District and the said cases are pending adjudication. It is averred that petitioner is residing with her parents at Tandur and therefore, it is difficult to her to travel all the way from Tandur to L.B.Nagar, Ranga Reddy District, covering distance of about 120 Kms., to attend the Court proceedings in F.C.O.P.No.1649 of 2024, on each date of hearing and hence, she prayed to allow this Tr.CMP.

5. Learned counsel for the petitioner apart from reiterating the averments made in the affidavit submitted that respondent is appearing in the aforesaid DVC and MC pending on the file of learned Judicial First Class Magistrate, at Tandur, Vikarabad and therefore, no inconvenience or prejudice would be caused to respondent if F.C.O.P.No.1649 of 2024 is transferred as sought for and in fact, it would be convenient to both the parties if the relief sought for in this case is granted and accordingly, prayed this Court to allow this Tr.CMP.

6. It is specific case of the petitioner that she has no independent income and has no financial support and she is residing with her parents at Tandur, and as such, it would be quiet difficult for her to travel all the way from Tandur to L.B.Nagar, Ranga Reddy District, covering distance of about 120 Kms., to attend the Court proceedings in F.C.O.P.No.1649 of 2024. Further, it is relevant to note that the respondent is appearing before the Judicial First Class Magistrate, at Tandur, Vikarabad District, in connection with the aforesaid D.V.C and M.C filed by the petitioner, therefore, no prejudice will be caused to respondent and in fact it is advantageous, if F.C.O.P is transferred to Vikarabad.

7. Admittedly, the petitioner is residing with her parents at Tandur and she filed the present Tr.C.M.P to transfer F.C.O.P.No.1649 of 2024, on the file of learned Judge, Family Court, at L.B.Nagar, R.R.District to the Court of learned Senior Civil Judge, at Vikarabad. Eve