THATIKONDA DHANALAKSHMI Vs. THATIKONDA SAI KALYAN GUPTA

JUDGEMENT

(1.) This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife against the respondent/husband under Sec. 24 of the Code of Civil Procedure (in short "CPC"), seeking transfer of HMOP No.9 of 2022 on the file of Senior Civil Judge's Court, Anakapalle to the Additional Family Court, Visakhapatnam.

(2.) The case of the petitioner/wife in brief is that her marriage with the respondent solemnized on 26/4/2019 in a temple, opposite to Pendurthi police station, as per Hindu rites, caste, and customs prevailing in their community in the presence of elders and well-wishers. She submits that after the marriage, she joined matrimonial home and marriage was consummated, and she lead happy marital life with the respondent at Anakapalle for a period of one month only. It is the contention of the petitioner that at the time of marriage, her parents presented dowry of Rs.25,00,000.00 to the respondent on demand of the respondent and his family members, and one month after the marriage, the respondent and his family members disliked her and started ill-treating her without any reason and not provided proper food and clothes to her, and then she filed a complaint before the DISHA police station, Visakhapatnam, who refused to register the case at the influence of father of the respondent, who is an employee in Greater Visakhapatnam Municipal Corporation. The petitioner alleged that the respondent developed illicit intimacy with woman with whom he used to chat and suppressing his faults, the respondent filed HMOP No.9 of 2022 on the file of Senior Civil Judge's Court, Anakapalle, seeking divorce with false ground, wherein she appeared and filed counter. The main contention of the petitioner is that as she is now staying at her parents house, as she has no source of income, she filed FCOP No.943 of 2022 on the file of Additional Family court, Visakhapatnam, seeking maintenance from the respondent, wherein the Court issues summons to the respondent and matter is pending adjudication. The petitioner submits that she has no other means and presently depending on her parents and now she is physically and mentally depressed state and cannot travel to Anakapalle to attend the divorce case, filed by the respondent, as the family members of the respondent on many occasions beat her and caused injuries. She prays to allow the petition.

(3.) Though, notice sent to the respondent, not served and not returned. With the consent of the learned counsel for the petitioner, this case is taken-up for hearing.