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Judgment
This petition is filed under Section 24 of the Civil Procedure Code (for short ‘CPC’) praying this Court to transfer O.P.No.114 of 2022 pending on the file of Senior Civil Judge, at Bhongiri, Yadadri-Bhongiri District, to the file of the Family Court, at Siddipet, District Siddipet.
The brief facts of the case are that the petitioner is wife of the respondent. Their marriage was solemnized on 17.02.2020 as per Hindu rites and customs. Out of their wedlock they were blessed with one female child on 28.02.2022. However, they lived together happily for a short period of time as the family of respondent/husband started harassing the petitioner/wife for additional dowry. As such, she lodged complaint before the Station House Officer, Bhoompally. After due investigation, the Police registered a case in Crime No.87 of 2022 and filed charge sheet vide C.C.No.454 of 2022 before the Jurisdictional Court for adjudicating the matter. Later, she filed M.C.No.11 of 2022 under Section 125 of Cr.P.C., seeking maintenance and D.V.C.No.13 of 2022 under Section 12 of the Protection of Women from Domestic Violence Act, 2005, read with Rule 6(1) of the Protection of Women from Domestic Violence Rules, 2006, before the Judicial First Class Magistrate, at Dubbaka.
The respondent/husband filed O.P.No.114 of 2022 on the file of the Senior Civil Judge, at Bhongir, under Section 9 of the Hindu Marriage Act, 1955 (for short ‘Act, 1955’) seeking restitution of conjugal rights.
Heard Sri Praveen Kumar Veerjala, learned counsel for petitioner. In spite of service of notice, there is no representation on behalf of respondent.
Learned counsel for petitioner contended that the family members of respondent/husband harassed petitioner/wife for additional dowry and also made several false allegations against her and thrown her away from the house. As such, she started to reside with her parents in Dubakka and filed M.C.No.11 of 2022 on the file of Judicial First Class Magistrate, at Dubbaka, seeking maintenance. He further contended that petitioner/wife is facing difficulty in travelling all the way from Dubbaka to Bhongiri to attend the proceedings in O.P.No.114 of 2022 filed by respondent/husband seeking restitution of conjugal rights. Therefore, prayed this Court to transfer O.P.No.114 of 2022 from the file of Senior Civil Judge, at Bhongiri, Yadadri-Bhongiri District, to the file of the Family Court, at Siddipet, District Siddipet, by allowing the petition.
Having regard to the submissions made by learned counsel for petitioner and on going through the averments made in affidavit, it is noted that respondent/husband has filed O.P.No.114 of 2022 on the file of Senior Civil Judge, at Bhongiri, Yadadri-Bhongiri District, seeking restitution of conjugal rights, but due to unbearable harassment by the family Members of respondent/husband, at present, the petitioner/wife is staying with her parents at Dubbaka. As such, it has become an uphill battle for petitioner/wife to travel all the way from Dubbaka to Bhongiri to attend the Court proceedings in O.P.No.114 of 2022. In view thereof, this Court is of the opinion that the present petition is liable to be allowed.
Accordingly, this Transfer Civil Miscellaneous Petition is allowed and O.P.No.114 of 2022 stands transferred from the file of the Senior Civil Judge, at Bhongiri, Yadadri-Bhongiri District, to the file of the Family Court, at Siddipet District. The Court concerned is hereby directed to transmit the entire case file relating to O.P.No.114 of 2022, after duly indexed, within a period of one month from the date of receipt of copy of this order, under intimation to the other side. There shall be no order as to costs.
Miscellaneous applications, if any, pending in this Tr.C.M.P., shall stand closed.