HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY Tr.C.M.P.No.433 of 2024

ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking transfer of F.C.O.P.No.1370 of 2024 from the file of the Judge, Family Court, Ranga Reddy District at L.B.Nagar to the file of Family Court Judge, Mahabubnagar District, at Mahabubnagar. 2. Heard Smt N. Vani Sree, learned counsel for the petitioner and Sri Vanam Vishwanatham, learned counsel for respondent. 3. The Brief factual matrix of the case is that the petitioner and respondent are wife and husband and their marriage was solemnized on 25.11.2021, at Sri Sai Gardens, Kothapet, Chaitanyapuri, Hyderabad as per the prevailing customs in their community and soon after their marriage, the petitioner joined the matrimonial house of respondent. It is averred that the petitioner was subjected to physical and mental harassment by respondent and his family members for want of additional dowry and was necked out from matrimonial house and four times panchayats were held and both parties were entered into settlement and executed settlement deed on 02.03.2024, in spite of the same, respondent filed F.C.O.P No.1370 of 2024 seeking dissolution of marriage. It is further averred that petitioner is residing at her parents’ house at Wanaparthy District and she has no means and that she has threat to her life and hence, filed the present Tr.C.M.P.

3.1 Respondent filed counter affidavit denying the averments made in the Tr.C.M.P and contended that the petitioner is working and in fact she is residing in a house at Kothapet belonging to one Sri Dashwar Reddy as a tenant and therefore, Tr.C.M.P filed by the petitioner is based on invented facts and false grounds and thus, prayed to dismiss the same.

3.2 In the sworn affidavit filed by third party: one Dasari Praveen, it is averred that petitioner is residing in house belonging to Dashwar Reddy as tenant in Kothapet.

4. This Court considered the submissions made by learned counsel for the petitioner and perused the material available on record.

5. A perusal of record would reveal that in the affidavit filed in support of Tr.C.M.P., except for the averment that the petitioner is residing with her parents at Wanaparthy and she has threat to her life, no other grounds were mentioned for transfer of F.C.O.P. Respondent has filed counter categorically stating that petitioner is working in Hyderabad and is residing in Kothapet and further an affidavit sworn by a third party is also filed to that effect. Though, the Tr.C.M.P, is filed by wife seeking transfer of F.C.O.P. under Section 24 of Code of Civil Procedure on the ground that convenience of wife has to be considered against convenience of husband, the petitioner has failed to make out sufficient grounds for transfer of F.C.O.P. Thus, in the light of counter as well as third party affidavit, it is evident that the petitioner is working in Hyderabad and she is residing in Kothapet.

6. In the light of above discussion, facts and circumstances of the case, this Court is of the considered opinion that the petitioner has failed to show sufficient grounds, reasons to entertain the present Tr.C.M.P and thus, the Tr.C.M.P is liable to be dismissed and accordingly, dismissed. There shall be no order as to costs.

7. Pending miscellaneous applications, if any, shall stand closed.

__________________________________ LAXMI NARAYANA ALISHETTY, J

22nd July, 2025 PSW