LALITHA KUMARI Vs. ANNAM SRINIVASA RAO

JUDGEMENT

(1.) The petitioner and respondent were married on 23-01-1999 and begot a child. In fact, they are closely related; in that the petitioner is the daughter of the maternal uncle of the respondent. However, differences arose between them and they are living separately.

(2.) Alleging that she has been subjected to harassment for bringing additional dowry, the petitioner filed a complaint under Section 498-A I.P.C., in the Court of XII Metropolitan Magistrate, Hyderabad, and an application under Section 125 Cr.P.C. for maintenance in the Family Court, Hyderabad. Both the matters are said to be pending. The respondent filed O.P.No.575 of 2003 in the Family Court, Visakhapatnam, under Section 13 of the Hindu Marriage Act against the petitioner. This Tr.C.M.P. is filed seeking transfer of O.P.No.575 of 2003 from the Family Court, Visakhapatnam to the Family Court, Hyderabad. Petitioner contends that she expects threat to her safety, if she is required to attend the Family Court at Visakhapatnam, and that it would be difficult for her to travel along with a boy, who is of tender age.

(3.) Learned counsel for the petitioner submits that the petitioner was driven out of the house by the respondent and his family members and ever since then, she was residing with her parents at Hyderabad. He submits that it would be very difficult for the petitioner to attend the Court of Visakhapatnam, that too, with a boy of tender age. He takes exception to the territorial jurisdiction of the Family court, Visakhapatnam, contending that the O.P. ought to have been presented in the Court within whose jurisdiction the petitioner is residing. The learned counsel for the respondent, on the other hand, submits that the cause of action arose at Visakhapatnam, and that most of the witnesses hail from that place. He also contends that the respondent is an asthma patient and that it would be difficult for him to travel to Hyderabad, if the O.P. is transferred.