VARRA INDRANI JERRIPTHU INDRANI Vs. VARRA NARESH

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") to withdraw FCOP No.37 of 2021 on the file of Family Court-cum-XIV Additional District Judge, Vijayawada and transfer the same to the Senior Civil Judge, Atmakur at S.P.S.R.Nellore District.

(2.) The case of the petitioner/wife in brief is that her marriage with the respondent solemnized on 10/11/2019 in a function hall at Vijayawada city, as per Hindu customs and rites prevailing in their community. The petitioner submits that the respondent filed FCOP No.37 of 2021 under Sec. 13(1)(ia) of Hindu Marriage Act, 1955, seeking dissolution of marriage, dtd. 10/11/2019 on the ground of cruelty with all false and frivolous allegations. It is the contention of the petitioner that she also filed MC No.8 of 2021 on the file of Judicial Magistrate of First Class, Udayagiri under Sec. 125 of CPC and she also filed DVC No.2 of 2021 on the file of Judicial Magistrate of First Class, Udayagiri against the respondent and others, which is pending for adjudication. She submits that in both the cases, the respondent made his appearance, who got knowledge about pendency of those proceedings, but wantonly and deliberately filed divorce petition at Vijayawada to cause inconvenience to her. The main contention of the petitioner is that on 23/8/2022, she attended the Family Court at Vijayawada, on which date the respondent also attended the Court along with his friends and after completion of Court proceedings, when she came to main road and waiting to board a bus, wherein the respondent came, and abused her in filthy language for not giving consent for mutual consent divorce, and threatened her with dire consequences. It is also the contention of the petitioner that she has no male support and her father is working as a Teacher and used to attend his duties regularly and to attend the Court at Vijayawada, she has to alone travel 280 kms distance from her native place, from where there is no proper transport facility. She prays to transfer FCOP No.37 of 2021 on the file of Family Court, Vijayawada to Senior Civil Judge's Court, Atmakur at S.P.S.R.Nellore District.

(3.) The respondent/husband filed counter, opposing the claim of the petitioner on the ground that the petitioner has foisted false case by showing different addresses. He submits that himself and his parents and relatives have filed Quash petitions before this Court in a criminal case registered in FIR No.54 of 2021 of DISHA Women PS, S.P.S.R.Nellore District, which are pending. He alleged that the petitioner has intentionally filed two cases at Vijayawada Court and criminal case at Nellore, which itself shows that she is able to travel from one place to another. The respondent has stated that the Senior Civil Judge's Court at Atmakur has no jurisdiction to entertain the Family Court petitions and she has shown different addresses, though she is residing within the jurisdiction of Butchireddypalem mandal. He denied threatening petitioner. He also relied on following precedent law: