HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY TRANSFER CIVIL MISCELLANEOUS PETITION No. 65 of 2025

ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking transfer of HMOP.No.53 of 2024 pending on the file of the Senior Civil Judge Court, Nizamabad at Nizamabad District, to Family Court, Ranga Reddy District at L.B.Nagar.

2. Heard Sri V.V.Ramana Rao, learned counsel for the petitioner. Though, Sri A.Sanjeeva Reddy, learned counsel, entered appearance on behalf of the respondent and filed counter, there is no representation. Therefore, the matter is disposed of basing on material available on record. 3. The brief facts of the case, shorn-off unnecessary details, required for adjudication of this Tr.C.M.P., are that the petitioner and respondent are wife and husband and their marriage was performed on 10.03.2023 at Sumangali Function Hall, IB Thandur, Mancherial District, as per Hindu rites and customs; that the respondent is working in the company situated at Somajiguda, Hyderabad, as software engineer and residing in a Hostel at Ameerpet, Hyderabad; that petitioner is an employee in the Commercial- Tax Department, R.R.District; that both used to lead their marital life at native place of respondent in the weekends; that respondent’s brother took a house at Doctor’s colony, Saroornagar; and that both petitioner and respondent started staying in the said house along with respondent’s brother and his wife; that since then differences and disputes arose between them; and that respondent, his brother and his wife started harassing the petitioner, physically and verbally for additional dowry; that petitioner was subjected to continuous harassment, therefore, the petitioner started living separately at Hyderabad.

4. It is further averred that the respondent filed HMOP.No.53 of 2024 before the Senior Civil Judge at Nizamabad for divorce; that the petitioner unable to bear the harassment, filed complaint and FIR.No.32/2025 in WPS(Rachakonda), Saroornagar, R.R.Distrct was registered under Sections 498-A of IPC, under Sections 3 and 4 of Dowry Prohibition Act. It is further averred that the petitioner is presently working as Junior Assistant in Commercial Tax Department, Ranga Reddy District, and the distance between Ranga Reddy District to Nizamabad is about 200 kms.; that she cannot travel alone, all the way from Hyderabad to Nizamabad; that the respondent is also residing at Hyderabad and therefore, it is convenient for both the parties, if HMOP.No.53 of 2024 is transferred from Nizamabad to the Family Court, Ranga Reddy District at L.B.Nagar. Hence, present Tr.CMP is filed.

5. Learned Counsel for the petitioner apart from reiterating the averments made in the affidavit submitted that respondent is working in a Software Company situated at Somajiguda, Hyderabad; that in fact he is residing at Hyderabad, however, HMOP is filed at Nizamabad, only to harass the petitioner. He further submits that petitioner is working as Junior Assistant in Commercial Tax Department, R.R.District, therefore, it is convenient for petitioner as well as respondent, if the HMOP is transferred from Nizamabad to Family Court at R.R.District. Thus, prayed to allow the Tr.CMP.

6. In the counter filed by the respondent it is admitted that the petitioner is working as Junior Assistant in Commercial Tax Department, R.R.District; and that it is also admitted that the petitioner is residing at Meerpet, Hyderabad.

7. It is relevant to refer to the underlying principle governing the proceedings under Section 24 of the CPC seeking transfer of the case, appeal or other proceedings, which 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 principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of