CHALASANI DEEPTHI Vs. CHALASANI KRISHNA CHAITANYA

JUDGEMENT

(1.) This petition is filed for withdrawal and transfer of O.P.No.1469 of 2014, filed by the respondent/husband for restitution of conjugal rights pending on the file of Family Judge's Court, Ranga Reddy District at L.B.Nagar to the Judge, Family Court, Vijayawada to be tried along with O.P.G.L.No.4310 of 2014 and M.C.C.F.No.3115 of 2014 filed by the petitioner/wife.

(2.) The case of the petitioner is that she is the legally wedded wife of the respondent and their marriage was solemnized on 26-10-2012 as per Hindu rites and customs. After the marriage, the petitioner and the respondent lived together at Moti Nagar, Hyderabad. Out of their wedlock, they were blessed with a female child. After giving birth to child, the respondent created a story stating that the petitioner and her child are to be under Doctor's supervision for two months and it would cost about Rs.8.00 lakhs and started harassing her to bring said amount from her parents. On that the petitioner filed a complaint before Station House Officer, Machavaram, Vijayawada. Thereafter, the respondent filed OP.No.1469 of 2014 on the file of Judge, Family Court, Ranga Reddy District at L.B.Nagar for restitution of conjugal rights. The petitioner also filed maintenance case vide MCCF.No.3115 of 2014 and O.P.G.L.No.4310 of 2014 before the Judge, Family Court at Vijayawada and both the cases are pending. That it is difficult for the petitioner to prosecute the proceedings in the Court at Ranga Reddy initiated by her husband as her parents are permanent residents of Vijayawada and she has nine months old daughter and it is difficult for her to travel from Vijayawada to Ranga Reddy District. Whereas, the respondent is attending in both cases filed by her at Vijayawada, as such, the present Tr.CMP is filed seeking to transfer OP No.1469 of 2014 to the competent Court at Vijayawada.

(3.) Counter is filed by the respondent stating that the transfer application is not maintainable either in the eye of law or on facts and this Court is not vested with jurisdiction to transfer the case pending in the State of Telangana to the State of Andhra Pradesh. The jurisdiction to transfer cases from one High Court or Civil Court in one State to a High Court or Civil Court of any other State is vested with Hon'ble Supreme Court as per Section 25 (1) of C.P.C. It is also stated that though the petitioner is earning, she filed MCCF.No.3115 of 2014 seeking maintenance for herself and her child. That the respondent filed OP.No.1469 of 2014 for restitution of Conjugal Rights and in the said OP, though the petitioner received notices, she is trying to procrastinate the proceedings and as a counter blast filed the present transfer CMP. Hence, sought for dismissal of the Tr.CMP.