GORIPARTHI GAYATRI Vs. GORIPATHI SRINIVASA RAO

JUDGEMENT

(1.) The petitioner/wife filed this transferC.M.P. for withdrawal of H.M.O.P. 5/2002 from the file of the learned Senior Civil Judge, Avanigadda, Krishna District and transfer the same to the Court of learned Senior Civil Judge, Tenali, Guntur District to be tried and disposed of in accordance with law.

(2.) It is stated that the petitioner is the legally wedded wife of the respondent, the marriage having been celebrated on 11-4-2001 as per Hindu customs and rites at the house of the respondent and their marriage was consummated. It is further stated that the respondent has been harassing the petitioner for dowry and instigating her to commit suicide. The petitioner also filed a maintenance case under Sec. 125 Cr.P.C. in M.C.No.15/2002 on the file of learned II Additional Munsif Magistrate, Repalle, Guntur District. It is further stated that the respondent filed H.M.O.P. 5/2002 on the file of learned Senior Civil Judge, Avanigadda, Krishna District for grant of divorce. It is further stated that the petitioner, however, entered appearance through an advocate of Repalle, Guntur District and filed her counter in the said proceedings, whereas the respondent has been avoiding to receive notice in M.C.No. 15/2002 filed by her referred to supra. It is further stated that since the respondent is a practising advocate at Avanigadda, the petitioner is unable to get the proper legal assistance. It is also further pleaded that there is a threat to her life also and in such circumstances, the relief of transfer has been prayed for.

(3.) Sri V.C.H. Naidu, the learned counsel representing the petitioner/wife had taken me through the allegations made in the affidavit filed in support of the Transfer C.M.P. and had contended that the fact that the respondent is a practising advocate at Avanigadda is not in dispute. The learned counsel also had contended that the fact that the petitioner had engaged a counsel of Repalle, Guntur District also is not in dispute. No doubt, the respondent had controverted several other allegations, which had been made in the Transfer CMP. The fact that M.C.No.15/2002 filed by the petitioner on the file of learned II Additional Munsif Magistrate, Repalle also is not in dispute.