DONDAPATI PRATHIBHA SWEEKRUTHI Vs. DONDAPATI SESHAGIRI RAJU

JUDGEMENT

(1.) This transfer criminal petition is filed seeking transfer of C.C.No.383 of 2013 on the file of Judicial Magistrate of First Class, Pithapuram, East Godavari District to any Magistrate Court at Vishakapatnam.

(2.) The petitioner herein is the complainant in C.C.No.383 of 2013. Her specific case is that her marriage with respondent No.1 was performed on 10.04.2010 and out of wedlock they are blessed with one son. The further case of the petitioner is that respondent No.1 has harassed her both physically and mentally by demanding additional dowry. Having no other go, the petitioner herein was constrained to file a complaint under Sections 498A, 406, 506 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961 and the same was registered as crime No.73 of 2013 and after investigation the Police have filed charge sheet which has been numbered as C.C.No.383 of 2013 on the file of Judicial Magistrate of First Class, Pithapuram. Subsequently, her parents have shifted to Visakhapatnam and as the petitioner was not able to maintain herself and her son, she filed M.C.No.13 of 2013 on the file of Judicial Magistrate of First Class, Pithapuram claiming Rs.20,000/- per month each for herself and for her son besides claiming Rs.5,000/- per month towards medical and nutritional expenses and the same is pending.

(3.) It is further case of the petitioner that whenever the petitioner is attending Court in maintenance case she has been threatened by respondent No.1 with an intention to create commotion in the mind of herself and her parents. Though she has given complaint to the Police same was not registered as respondent No.1 has got contacts with higher officials. After filing of these cases, respondent No.1 herein filed FCOP No.349 of 2016 on the file of Additional Family Judge Cum-V Additional District Judge, Visakhapatnam seeking decree for dissolution of marriage. In view of the difficulty faced by the petitioner, transfer of C.C.No.383 of 2013 is sought in this petition.