GATTU MUKKA NIKHITHA Vs. GATTU ARAVIND

JUDGEMENT

(1.) This Transfer Civil Miscellaneous Petition, under Section 24 of the Code of Civil Procedure, 1908, is filed by the petitioner/wife, requesting to withdraw F.O.P.No.193 of 2019 from the Family Court, Warangal, and transfer the same to the Family Court, Karimnagar, for trial and disposal, in accordance with law.

(2.) Heard the learned counsel for both the sides and perused the record.

(3.) The learned counsel for the petitioner/wife would submit that the marriage between the petitioner/wife and the respondent/husband was performed on 02.04.2016 at Karimnagar. During their wedlock, the couple are blessed with a male child. The respondent/husband is presently residing at Muscat and he is being represented by his General Power of Attorney Holder, i.e., his father. After marriage, though the petitioner/wife joined the company of the respondent/husband at Muscat, she returned to India due to the unbearable harassment of the respondent/husband and started living at her parents' house at Karimnagar. Unable to bear the harassment of the respondent/husband, the petitioner/wife filed D.V.C.No.14 of 2019 before the Judicial Magistrate of First Class, Karimnagar, and F.C.M.C.No.1 of 2019 before the Family Court, Karimnagar, seeking interim maintenance, besides lodging a report with the Women Police Station, Karimnagar, which was registered as FIR No.201 of 2018 for the offences punishable under Sections 498A and 506 of IPC and Section 4 of the Dowry Prohibition Act, 1961 (after filing of charge-sheet, it was numbered as C.C.No.659 of 2019 on the file of the Judicial Magistrate of First Class (Special Mobile (PCR) Court), Karimnagar). The respondent/ husband filed the subject F.O.P.No.193 of 2019 through his General Power of Attorney, i.e., his father, before the Family Court, Warangal, under Section 13(1)(ia) & (ib) of the Hindu Marriage Act , 1955, seeking divorce. The distance between Karimnagar and Warangal is about 80 kilometres. The father of the petitioner/wife is suffering from old age ailments. The petitioner/wife has got a three year old boy. It is difficult for her to travel from Karimnagar to Warangal, with or without her baby boy and without male assistance, to defend the subject F.O.P.No.193 of 2019 in the Court at Warangal and ultimately prayed to withdraw F.O.P.No.193 of 2019 from the Family Court, Warangal, and transfer the same to the Family Court, Karimnagar, which is convenient to her.