M AISWARYA Vs. P GOPI KRISHNA

JUDGEMENT

(1.) THESE two petitions, Tr. CMP No. 585 of 2008 and Tr. CMP No. 590 of 2008, are filed by the wife and the husband respectively seeking transfer of the other's case under the provisions of Section 24 of the Code of Civil Procedure, 1908 (for brevity, 'the Code' ).

(2.) THE marriage of the parties was performed on 20. 08. 2005 at Image Gardens, madhapur, Hyderabad. They resided together at the husband's family home at yousufguda, Hyderabad, and thereafter in the United States of America. A daughter was born to them on 07. 08. 2006. The fall out in their marital relations has brought them to the present situation where they are trading cases under various provisions of law, including under the Hindu Marriage Act, 1955 (for brevity, 'the Act of 1955') and now, under Section 24 of the Code.

(3.) IN her affidavit filed in support of Tr. CMP No. 585 of 2008, the wife stated that she had filed O. P. No. 720 of 2008 before the Family Court, vijayawada, seeking restitution of conjugal rights under Section 9 of the Act of 1955. She sought transfer of F. C. O. P. No. 906 of 2008 filed by the husband before the Family Court, Hyderabad, seeking annulment of the marriage under Section 11 of the Act of 1955 or, in the alternative, a decree of divorce under Section 13 (1) (ia) of the Act of 1955 on the ground of cruelty. She stated that her daughter was aged two years and five months and that, while staying with her parents at Vijayawada, she was continuing her studies so as to become self-sufficient. These grounds were cited as reasons for her incapacity to come to hyderabad to contest the case filed by the husband at Hyderabad. She further stated that the husband's father was an influential person having a political background and the support of higher officials in the Government and that she was very much afraid to come to Hyderabad in connection with the case owing to this fact.