IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA TRANSFER CRIMINAL PETITION No.40 of 2025 DATE: 28.01.2026 BETWEEN:

Yellamraju Sai Rajiv and others …..petitioners And Kanumalla V. Nagavani and another …..Respondents/complainants

ORDER

This Transfer Criminal Petition is filed seeking to transfer D.V.C.No.55 of 2023, pending on the file of the learned III Additional Judicial Magistrate of First Class, Bhadradri Kothagudem District at Kothagudem to the file of the III Metropolitan Magistrate, Hyderabad.

2. Heard Sri U. Shanthi Bhushan Rao, learned counsel appearing on behalf of the petitioners as well as Sri M. Kiran Reddy, learned counsel appearing on behalf of respondent No.1 and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of respondent No.2.

3. Learned counsel for the petitioners submitted that petitioner No.1 was suffering from serious medical ailments having lost both kidneys and was under continuous medical management, while petitioner Nos.2 and 3 were senior citizens dependent on pension, all residing at Hyderabad. He further submitted that respondent No.1 was also working and residing at Hyderabad, and that the filing of multiple proceedings at Kothagudem, despite the criminal case being instituted at Hyderabad, was only to harass the petitioners and compel them to succumb to the demand for divorce. Therefore, he prayed the Court to transfer D.V.C.No.55 of 2023, from the file of the learned III Additional Judicial Magistrate of First Class, Bhadradri Kothagudem District at Kothagudem to the file of the III Metropolitan Magistrate, Hyderabad.

4. Learned counsel for respondent No.1 submitted that the transfer petition was not maintainable and was filed belatedly after prolonged non-appearance of the petitioners in the D.V.C. proceedings, only to delay the matter after the divorce case proceeded ex parte. He contended that the petitioners’ plea of ill-health and inability to travel was false and selective, as they were actively participating in social activities, and that virtual hearing was an available alternative instead of transfer. It was further argued that transfer at this advanced stage would cause grave prejudice to the respondent, who had already incurred substantial expenses, relied on local support at Kothagudem, and would suffer severe hardship if compelled to restart proceedings afresh at Hyderabad, especially considering her transferable government employment. Therefore, he prayed the Court to dismiss the Transfer Criminal Petition.

5. In the light of the submissions made by the learned counsel appearing for both parties and upon a perusal of the material available on record, it is evident that the transfer Criminal Petition is filed primarily on the ground that the petitioners are unable to travel from Hyderabad to Kothagudem on each and every date of hearing in the D.V.C. proceedings. Except the said ground of inconvenience, no other compelling or exceptional circumstance warranting transfer of the proceedings is made out.

6. Considering the medical condition pleaded by petitioner No.1 and the age and personal circumstances of petitioner Nos.2 and 3, this Court deems it appropriate to dispense with the personal appearance of the petitioners before the D.V.C. Court. However, the petitioners shall appear before the trial Court as and when their presence is specifically directed by the Court. It is further directed that the learned counsel for the petitioners shall represent them before the D.V.C. Court on each and every date of hearing without fail.

7. With the above direction, this Transfer Criminal Petition is disposed of.

Pending Miscellaneous Applications, if any, shall stand closed.

______________ K.SUJANA, J Date: 28.01.2026 Sai THE HON’BLE SMT. JUSTICE K. SUJANA TRANSFER CRIMINAL PETITION No.40 of 2025 Date: 28.01.2026 SAI