P HIMABINDU Vs. P JAYASIMHARAJA

JUDGEMENT

(1.) Heard both the counsel.

(2.) The petitioner is the wife. She filed this petition under Section 24 of C.P.C. seeking withdrawal of O.P.No. 13/2004 filed by the respondent, who is her husband, for restitution of conjugal rights and O.S.No. 153/2004 filed by her for maintenance and for return of plaint A and B Schedule articles and documents, both on the file of Principal Senior Civil Judge, Court, Chittoor and to transfer both the matters to Family Court, Hyderabad.

(3.) The petitioner in the affidavit filed in support of the transfer petition stated that the marriage of the petitioner with the respondent was performed on 18-12-2000 in Hotel Viceroy, Hyderabad as per Hindu customs and rites. Subsequent to the marriage, the respondent and his family members have harassed the petitioner for dowry and the respondent left the petitioner at Hyderabad and the marriage is also not consummated. The respondent with a view to get rid of the petitioner, filed O.P.No. 13/2004 for restitution of conjugal rights, though he has no interest. The petitioner filed counter in the matter and contesting the same. Petitioner also filed O.S.No. 153/2004 on the file of same court for reliefs of maintenance and to direct the respondent and his father to return the plaint A and B schedule articles and documents and the same is pending. It is stated that earlier she filed Tr.C.M.P.No. 387/2004 seeking transfer of only O.P.No.13/2004 and by oversight she could not instruct the counsel for seeking transfer of O.S. No. 153/2004 and however, the said petition was dismissed as premature. The respondent is residing at Delhi on his employment. The petitioner is facing difficulty to go to Chittoor to attend the cases. The parents of the petitioner are at Saudi Arabia and she being a lady having no acquaintance in Chittoor, there is no safety for herto travel all alone forthe adjournments and she has no assistance to go to Chittoor. With these averments, the petitioner sought for transferring of the above said cases from Chittoor to Hyderabad.