MEGHAVARAM SANTHOSHI MALATHI KUMARI Vs. MEGHAVARAM RAVINDRA KUMAR

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 FCOP No.1126 of 2021 from the Family Court-cum-V Additional District Judge, Visakhapatnam to the Senior Civil Judge, Bobbili of Vizianagaram District.

(2.) The case of the petitioner/wife in brief is that her marriage with the respondent solemnized on 9/4/2010, as per the Hindu rites, and caste customs, prevailing in their community at Gajuwaka of Visakhapatnam city. The petitioner alleged that on demand of the respondent, her parents have presented cash and gold towards dowry to the respondent, and after the marriage she joined the respondent at Gajuwaka, which is her in-laws house. The petitioner submits that one week after the marriage, the respondent got employment at Hyderabad and left the petitioner in her in-laws house at Gajuwaka and went to Hyderabad to attend his job, and after intervention of the elders, the petitioner was taken to Hyderabad by the respondent, where they both stayed at respondent brother's house, which said to be questioned by the petitioner, and then the respondent alleged to have beat her. The petitioner alleged that the respondent addicted to drinking alcohol, and used to harass her, due to unbearable harassment of the respondent, on 3/1/2014 she went to her parents' house at Bobbili town. The petitioner submits that she has got child, aged 9 years, now herself and her child are staying at her parents' house at Bobbili of Vizianagaram District, where she lodged a report against the respondent, for the offences punishable under Ss. 498-A, 406 and 307 of IPC and Ss. 3 and 4 of Dowry Prohibition Act, which is registered as CC No.211 of 2015 on the file of Additional Judicial Magistrate of First Class, Bobbili. The petitioner also filed MC No.7 of 2015 and DVC No.25 of 2015 on the file of Additional Judicial Magistrate of First Class, Bobbili against the respondent and his family members, which is said to be pending. The main contention of the petitioner is that as she filed maintenance case, domestic violence case, and lodged criminal complaint against the respondent, the respondent has filed FCOP No.1126 of 2021 on the file of Family Court, Visakhapatnam for dissolution of marriage, by decree of divorce, wherein she received notice. It is also the contention of the petitioner that now she is depending upon her parents, living at the mercy of her parents in Bobbili town of Vizianagaram District along with her child, aged 9 years, due to that it is very difficult for her to attend the Court at Visakhapatnam on every date of hearing, which is 120 kms from Bobbili town. She prays to transfer FCOP No.1126 of 2021 from the Family Court, Visakhapatnam to the Senior Civil Judge's Court, Bobbili.

(3.) Notice sent to the respondent served to his father, as per postal acknowledgment received by the Registry, but he has not chosen to contest the case by filing counter-affidavit, denying the averments in the affidavit of the petitioner.