MAZHAR SULTANA Vs. MOHAMMAD ABDUL MAJEED

JUDGEMENT

(1.) In this petition filed under Section 24 of the Code of Civil Procedure, the petitioner, who is the respondent in O.P.No. 23 of 2002 on the file of the Family Court, City Civil Court, Hyderabad, seeks transfer of the said O.P. to the District Court, Nalgonda.

(2.) The averments in the petition are that the petitioner herein hails from an orthodox Muslim family and she is a pardanashin lady. The respondent herein is her husband and their marriage was solemnized on 30-5-1991 at Nalgonda. Ever since the date of marriage, she has been subjected to mental and physical torture for additional dowry and the respondent is addicted to bad vices such as alcohol and woman. In spite of the said mental and physical torture, she led the marital life with the respondent and ultimately the respondent herein pronounced talaq on 14-6-1998. During their wedlock, the petitioner gave birth to five children. After talaq, herself and her children are living with her parents and brother, who is a practising advocate at Nalgonda. Her parents and her brother are taking care of her and her children's education at Nalgonda.

(3.) The respondent herein married another lady, who is a divorcee with children born on account of her earlier marriage and she begot two children through the respondent herein. Thus, he is maintaining five children already. As the petitioner herein is not in a position to maintain herself and her children, she was constrained to file M.C.No. 8 of 1999 on the file of the Judicial I Class Magistrate, Special Mobile Court, Nalgonda, and the learned Magistrate granted maintenance to the children.