M.Sunitha vs. M.Nagaraju Chowdary At Nagaraju

THE HON'BLE SRI JUSTICE BANDARU SYAMSUNDER TRANSFER CIVIL MISCELLANEOUS PETITION NO.100 OF 2022

ORDER:

I have heard Ms. Hima Bindu, learned counsel for the petitioner, as well as Mr. Maheswara Rao Kuncheam, learned counsel for the respondent.

2. This is wife's petition under Section 24 of Code of Civil Procedure (in short C.P.C), seeking transfer of H.M.O.P No. 20 of 2022 on the file of Senior Civil Judge Court, Dharmavaram, Ananthapur District to II Additional District Judge Court, Adhoni, Kurnool District, on the ground that now she is residing in her parents house at Ramachandrapuram Village, Pathikonda Mandal, Kurnool District, along with minor child aged 13 years. The petitioner submits that she also lodged a report against the respondent and filed D.V.C No.32 of 2016 on the file of Special Judicial Magistrate of First Class, Kurnool District. The main contention of the petitioner is that distance between Dharmavaram Town to Pathikonda Town is 140 kms, due to that it is difficult for her to travel to attend Senior Civil Judge Court at Dharmavaram to put forth her defence in a divorce petition filed by her husband with false ground.

3. A perusal of copy of H.M.O.P No.20 of 2022 also shows that previously respondent filed O.P No. 81 of 2013 on the file of Senior Civil Judge Court, Dharmavaram, seeking for divorce which was dismissed for default on 5.12.2014 and thereafter the petitioner said to be filed a report before SHO, Pathikonda Police Station for the offences punishable under Section 498-A, r/w 34 IPC and Section 3 and 4 of Dowry Prohibition Act vide C.C No. 36 of 2016 on the file of Judicial Magistrate of First Class, Pathikonda and filed D.V.C No. 32 of 2016 on the file of Special Judicial Magistrate of First Class (For Prohibition and Excise Cases) Kurnool District, against the respondent. It is also the contention of the petitioner that now she is residing in her parents house along with minor child, which is not disputed by the respondent. After considering the contention of the petitioner, as respondent chosen to file divorce petition after petitioner filed petition under Protection of Women from Domestic Violence Act and after lodging report for dowry harassment, this Court is of the opinion that there are grounds to consider the request of the petitioner to transfer the case. The II Additional District Judge Court, Adhoni has no inherent jurisdiction in Hindu Marriage Act, whereas, Senior Civil Judge Court, Adhoni alone got jurisdiction for the petitions filed under Hindu Marriage Act.

4. In the result Transfer Civil Miscellaneous Petition is allowed in-part. H.M.O.P No. 20 of 2022 on the file of Senior Civil Judge Court, Dharmavaram, Ananthapur District is hereby withdrawn and transferred to Senior Civil Judge Court, Adhoni, Kurnool District.

5. The learned Judge, Senior Civil Judge Court, Dharmavaram, Ananthapur District, shall transmit the case records in H.M.O.P No.20 of 2022 to Senior Civil Judge Court, Adhoni, Kurnool District, duly indexed, as expeditiously as possible, within a period of two (2) weeks from the date of receipt of order of this Court in the present petition.

6. Both parties shall appear before Senior Civil Judge Court, Adhoni, Kurnool District, on 1.12.2023 at 10.30 am. No order as to costs.

Consequently, miscellaneous petitions, if any, shall stand closed. The interim stay granted if any, shall stand vacated.

Date: 30.10.2023 RSD

THE HON'BLE SRI JUSTICE BANDARU SYAMSUNDER

TRANSFER CIVIL MISCELLANEOUS PETITION NO.100 OF 2022

Date: 30.10.2023

RSD