PALAPARTHI DURGA @ SINGAM DURGA Vs. PALAPARTHI CHIRANJEEVI

JUDGEMENT

(1.) This Transfer Civil Miscellaneous Petition is filed by the petitioner, who is the respondent in H.M.O.P.No.32 of 2022, on the file of Senior Civil Judge at Addanki, with a prayer to transfer the said H.M.O.P. to the Court of Senior Civil Judge, Pithapuram, East Godavari District.

(2.) The facts which lead to the filing of this Transfer Civil Miscellaneous Petition, in brief, are that the respondent is the husband of the petitioner. Their marriage was performed on 24/4/2016 at Gollaprolu Village, as per Hindu rites and caste customs. Out of wedlock, they were blessed with a female child on 13/7/2017 by name Sudheeksha, aged four years. After the marriage, the petitioner joined with the respondent at Konanki Village of Martur Mandal. But, she was subjected to cruelty and harassment to bring additional dowry. The mediations that were held to resolve the issue proved to be futile. Hence, on 7/8/2022 the petitioner filed a report before Gollaprolu Police Station, which is the subject matter in F.I.R. No.126 of 2002 under Sec. 498-A of Indian Penal Code and Ss. 3 and 4 of Dowry Prohibition Act. Respondent filed a petition for divorce in H.M.O.P.No.32 of 2002 before the Court of Senior Civil Judge at Addanki, with all false and baseless allegations. The petitioner is contesting the same. On account of nature of the job of the petitioner, she is not able to attend the Court at Addanki. The distance between Addanki and Gollaprolu is 350 K.Ms. The petitioner being a woman and having a kid of four years old cannot go to Addanki on her own without any assistance. Petitioner is working as Mahila Police in Grama Sachivalayam at Gollaprolu since 2019. It would be convenient for the petitioner to defend the proceedings at Pithapuram, which is a distance of 10 K.Ms. from Gollaprolu. Hence, the petition.

(3.) The respondent got filed a counter denying the allegations against him and resisting the prayer of the petitioner. His contention in substance is that there is no dispute about his marriage with the respondent according to Hindu rites and ceremonies. They were blessed with a child on 13/7/2017. The allegations attributed against the respondent for demand of dowry and harassment are all false. Petitioner never lived at her matrimonial home at Konanki Village. She did not show any love and affection towards her in-laws. Respondent is working as a private employee in Hyderabad. Petitioner could live with the respondent at Hyderabad for only few months and harassed him mentally. Later, she left Hyderabad along with her child including household articles and started living with her parents. The mediations held by him proved to be futile. Hence, he filed H.M.O.P.No.32 of 2022 before the Senior Civil Judge 's Court, Addanki. Petitioner is drawing more than Rs.25,000.00 per month. Her brother is A.C.T.O., who is assisting her. The respondent is at Hyderabad. The distance from Hyderabad to Pithapuram is more than 400 K.Ms. and he cannot undertake such a long distance, as such, petition is liable to be dismissed.