DURGA PRASAD S Vs. S RAJA RAMANI

JUDGEMENT

(1.) These two Transfer Civil Miscellaneous Petitions are filed under Section 24 of the Code of Civil Procedure, 1908, hereinafter referred to in short as "Code" by both the husband and wife for transfer of O.P. No.195 of 2002 on the file of Senior Civil Judge, Rajahmundry to the Court of Principal Senior Civil Judge, Ranga Reddy District to be tried along with O.P. No.322 of 2002 and vice-versa.

(2.) For the purpose of convenience, the parties will be referred to as "husband" and "wife".

(3.) The husband in Transfer CM.P. No.442/2002 had stated that he filed O.P. No.322/2002 on the file of Principal Senior Civil Judge, Ranga Reddy seeking the relief of divorce on the ground of cruelty. The husband also made certain allegations relating to the presentation of the petition before A.P. Women's Commission, Hyderabad and closure of the same. It was further stated that the wife after coming to know of the O.P. filed by the husband had filed O.P. No.195/2002 on the file of Senior Civil Judge, Rajahmundry praying for the relief of restitution of conjugal rights. It is also stated that the O.P. filed by the wife is later in point of time and has to be transferred to the file of Principal Senior Civil Judge, Ranga Reddy inasmuch as O.P. No.322/2002 is pending in the said Court by virtue of Section 21-A of the Hindu Marriage Act, 1955, hereinafter referred to as "Act" in short. It is also stated that on 13-8-1995, the husband was kidnapped by some unidentified persons who had taken him to the outskirts of Devaremjal and beat him black and blue and subsequent thereto the husband lodged a Police complaint with Kukatpalli Police Station on 15-8-1995 and certain allegations had been made in paragraph 9 of the petition and it was also stated that in view of the assurance he had withdrawn the complaint on 31-8-1995.