Telangana High Court
TRCMP/703/2015 of Pragallapati Chaithanya Sravanthi, Vs Pragallapati Raghavendra Raghu Ram, on 31 December 2015
A.RAJASHEKER REDDY Tr.CMP.No.703 OF 2015 ORDER : This transfer petition is filed to withdraw and transfer OP No.111 of 2015 on the file of the Principal Senior Civil Judge, Rajahmundry, East Godavari District to the Court of Judge, Family Court, Guntur, Guntur District. It is the case of the
HON’BLE SRI JUSTICE A.RAJASHEKER REDDY
Tr.CMP.No.703 OF 2015
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ORDER :
This transfer petition is filed to withdraw and transfer OP No.111of 2015 on the file of the Principal Senior Civil Judge, Rajahmundry, EastGodavari District to the Court of Judge, Family Court, Guntur, GunturDistrict.
It is the case of the petitioner that her marriage with therespondent was performed on 10.04.2015 at Guntur as per Hindu Rightsand Customs. After the marriage, they lived together happily atRajahmundry, which is native place of respondent. As the respondentand his family members harassing the petitioner, she filed DVC No.43 of2013 before the Special Mobile Magistrate, Guntur and also lodgedcomplaint under Section 498-A IPC of Arundalpet Police Station andsame is registered as Crime No.347 of 2013 and numbered as CCNo.276 of 2014 on the file of V Additional Junior Civil Judge, Guntur. The petitioner also filed FCOP No.328 of 2014 on the file of Family Court,Guntur for restitution of conjugal rights and the respondent is attendingall these cases at Guntur. That the respondent filed O.P.No.111 of 2015on the file of Principal Senior Civil Judge, Rajahmundry, East Godavarifor grant of divorce. It is stated that the petitioner is unable to travel allthe way from Guntur to Rajahmundry to defend her case in O.P.No.111of 2015 on the file of Principal Senior Civil Judge, Rajahmundry.
Heard both sides.
Since the DVC No.43 of 2013, CC No.276 of 2014 and FCOP No.328 of2014 filed by the petitioner are pending at Guntur, Guntur District and therespondent is attending the said proceedings at Guntur, there is nojustification for the petitioner to travel all the way from Guntur toRajahmundry to attend OP No.111 of 2015 before the Principal SeniorCivil Judge, Rajahmundry along with boy. Moreover, the Hon’ble Supreme Court in Sumita Sing v. Kumar Sanjay and another[[1]]heldthat in transfer of matrimonial proceedings initiated by the husband against wife, it is the convenience of wife that has to be looked at. Inorder to avoid conflicting judgments, FCOP No.328 of 2014 on the file ofFamily Court, Guntur filed by the petitioner should be tried along withO.P.No.111 of 2015 on the file of the Principal Senior Civil Judge,Rajahmundry filed by the respondent.
In view of above facts and circumstances, O.P.No.111 of 2015 onthe file of the Principal Senior Civil Judge, Rajahmundry filed by therespondent is transferred to the Family Court, Guntur to be tried alongwith FCOP No.328 of 2014, filed by the petitioner. However, thepresence of the respondent may be disposed with on each and everydate of hearing.
Accordingly, this Transfer CMP is allowed. No costs. As a sequelthereto, miscellaneous petitions, if any, pending shall stand closed.
____________________________
A.RAJASHEKER REDDY, J
31.12.2015kvs
HON’BLE SRI JUSTICE A.RAJASHEKER REDDY
Tr.CMP.No.703 OF 2015
Date: 31.12.2015
kvs
[1]AIR 2002 SUPREME COURT 396