MUVVA NITHYA Vs. MUVVA BHARGAV

JUDGEMENT

(1.) This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife under Sec. 24 of Civil Procedure Code (in short "CPC") seeking transfer of H.M.O.P. No.97 of 2021 on the file of II Additional Senior Civil Judge Court, Ongole, Prakasam District to Family Court, Visakhapatnam.

(2.) The case of the petitioner is that her marriage with respondent solemnised on 6/10/2017 in a function hall at Ongole town as per Hindu rites and customs prevailing in their community which was an arranged marriage. The petitioner alleged that at the time of marriage, her parents have fulfilled all demands of the respondent and his family members by paying money and gold as dowry. After that, she joined the respondent at Nippatlapadu village to lead marital life and the marriage was duly consummated. The contention of the petitioner is that they both lived at Bangalore where the respondent was working. She also alleged that the respondent harassed her on demand of additional dowry at the instigation of his family members and he necked her out from the matrimonial home and then she reached her parents' place which is Basavannapalem Village of Prakasam District. The mediation conducted by elders was said to be failed and thereafter she lodged a report before Disha Women Police against the respondent and his family members who registered the criminal case, which is pending investigation. Then respondent filed O.P. No.49 of 2020 under Sec. 9 of the Hindu Marriage Act, seeking restitution of conjugal rights before Family Court, Ongole and she also filed O.P. No.97 of 2021 on the file of II Additional Senior Civil Judge Court, Ongole seeking divorce. The main contention of the petitioner is that after filing of divorce petition at her native place, they faced several financial problems during Covid period and then she shifted her residence to Visakhapatnam, where herself and her mother are taking shelter in their relatives' house. At present she is said to be living at Visakhapatnam at the mercy of her relatives. The petitioner also stated that now she is not having any source of income to attend the Court at Ongole in the divorce petition filed by her and prays to transfer the case from Senior Civil Judge Court, Ongole to Family Court, Visakhapatnam.

(3.) The respondent/husband filed a counter affidavit denying averments made in the affidavit of the petitioner. It is the contention of the respondent that petitioner has filed a divorce petition suppressing material facts and also her ill health. He submits that the Family Court, Visakhapatnam has no jurisdiction to try the case as they both lastly resided together at Ongole and father of the petitioner is also living at Ongole of Prakasam District and mother of the petitioner is residing at Maddipadu Mandal of Prakasam District, but only to harass him, she moved an application seeking for transfer. He prays to dismiss the petition.