Nalam Ranga Lakshmi @ Golla Ranga Lakshmi vs Nalam Ranadeep

A.V. Ravindra Babu, J

1) This Transfer Civil Miscellaneous Petition is filed by the petitioner, who is the respondent in F.C.O.P.No.436 of 2020, on the file of Family Court, Guntur, with a prayer to transfer the said F.C.O.P. to the competent Court at Nellore, Nellore District, in the interest of justice.

2) The case of the petitioner, in brief, according to the averments in the petition is that the respondent is her husband. Respondent filed F.C.O.P. under Section 13(1)(ia) of Hindu Marriage Act, 1955 with all false and frivolous allegations against her. The respondent, his parents and grandmother physically and mentally harassed her for getting additional dowry. Ultimately, she was thrown out from the house. She is staying at her parents’ house at Nellore. The respondent used to call her over the phone scolding her and her mother in filthy language and threatening her with dire consequences. So, she gave a complaint in Disha Police Station on 11.11.2020, which is the subject matter in Crime No.148 of 2020. The respondent hatched a plan to secure her presence in Guntur to harass her. She has apprehension to attend the Family Court at Guntur. The respondent followed her when she attended the Court. Hence, she is constrained to file the present petition. She has no job and she is dependent on her mother and brother. Her marriage was performed at Nellore. The adjudication of matrimonial O.P. filed by the respondent can be done at Nellore, which is convenient to the petitioner. Guntur is at a distance of 240 K.Ms. from Nellore. She cannot travel such a long distance on each and every adjournment. There is a serious threat to her life and limb in the hands of the respondent. Hence, the petition.

3) The respondent got filed a counter denying the allegations against him and resisting the prayer of the petitioner. His contention in substance is that it is true that his marriage with the petitioner was performed at Nellore on 04.11.2017. He filed F.C.O.P.No.436 of 2020 for dissolution of marriage. The allegations that he, his parents and grandmother subjected the petitioner to torture both physically and mentally are all false. Further allegation that he followed the petitioner when she attended before the Family Court, Gutnur, is also false.

4) He is working as a Lecturer in Universal College of Engineering at Perecherla, Guntur District with a small amount of salary. As he is working in a private college, he cannot get permissions so as to leave frequently. After issuing the legal notice by him on 04.11.2020, brother of the petitioner made threatening calls from his mobile to the respondent repeatedly. He is also posting messages in filthy language by threatening the respondent and his friends by Whatsapp messages. There is a threat to the life of the respondent, if he attends the Court at Nellore. Hence, the petition is liable to be dismissed.

5) The respondent enclosed so-called messages sent by the brother of the petitioner.

6) A rejoinder is filed by the petitioner alleging that the documents that are filed by the respondent along with the counter are all fabricated.

7) Now the point that arises for consideration is whether the F.C.O.P.No.436 of 2020 pending on the file of Family Court, Guntur, is liable to be transferred to the competent Court at Nellore, Nellore District?

Point:-

8) The learned counsel for the petitioner Sri G. Ramachandra Reddy, would contend that the petition is filed on two grounds. One is that the petitioner has every apprehension that she would be subjected to harm, if she attend the Court at Guntur, as once respondent followed her and he is trying to see that the petitioner would be available lonely to cause harm. Another ground is that being a female, she cannot travel such a long distance from Nellore to Guntur to attend the Court on each and every adjournment.

9) Firstly, this Court would like to make it clear that in a matrimonial matter like F.C.O.P. before the Family Court, it is not necessary that on each and every adjournment party shall be present. The presence of the parties is required only at certain stages, such as, for counseling or when the matter is coming for evidence, etc. So, the contention of the petitioner that on each and every adjournment she has to travel from Nellore to Guntur cannot be countenanced.

10) Apart from this, another ground is that she has apprehension that she would be subjected to physical harm in the hands of respondent. It is not understandable as to how the petitioner kept quite when at one occasion the respondent followed her so as to see that she would be available alone, etc. Apart from this, in the counter the respondent has alleged that after issuing a legal notice to the petitioner, her brother made threatening calls from his mobile to the respondent repeatedly and also posted some messages in filthy language. Here the contention of the petitioner in this regard is that the documents that are filed along with the counter are all fabricated. The fact remained is that both the parties are raising allegations against each other that they made calls threatening with each other. Here the petitioner in the rejoinder did not clarify that the so-called mobile from which the brother of the petitioner allegedly sent threatening messages, etc, to the respondent is not of him.

11) It appears that there is any amount of bad blood flowing between the parties. The respondent invoked the jurisdiction under the provisions of Family Court at Guntur. The petitioner herein did not question the competency of the Family Court at Guntur to adjudicate the dispute.

12) Under the circumstances, this Court is of the considered view that transferring the case to Nellore would further aggravate strained situation between the parties. Having considered the above, it is always open to the petitioner herein to complain against the respondent before the concerned authorities, if really, if he indulges in any attempt to cause any harm to the petitioner.

13) Having regard to the overall facts and circumstances, allegations and counter allegations, I am of the considered view that absolutely it is not a fit case to grant the relief.

14) In the result, the Transfer Civil Miscellaneous Petition is dismissed. There shall be no order as to costs.

Consequently, miscellaneous applications pending, if any, shall stand closed.