SAMALA SRINIVASA PRASAD Vs. SAMALA VANILIIA

JUDGEMENT

(1.) The present Transfer Criminal Petition is filed by the petitioners/respondent Nos.1 and 2 in D.V.C.No.42 of 2018 on the file of the VI Metropolitan Magistrate, Athveli at Medchal, seeking transfer of the said D.V.C. No.42 of 2018 to the Court of Judge, Family Court, City Civil Court, Secunderabad, to be tried along with O.P.No.471 of 2019, which is pending in the said Court.

(2.) Though notice sent to the 1st respondent was received by her, she did not choose to appear either personally or through any Counsel. Hence, heard the learned Counsel for the petitioners/respondent Nos.1 and 2, learned Additional Public Prosecutor appearing for the 2nd respondent/State and perused the record.

(3.) It is stated in the affidavit, which was filed in support of the petition that the marriage of the 1st petitioner/respondent No.1 with the 1st respondent/petitioner was solemnised on 25.08.2002 as per Hindu Rites and Customs and out of wedlock, three children were born to them. It is also stated that 15 years after the marriage, due to differences, the 1st respondent/petitioner deserted the 1st petitioner/respondent No.1 and filed the cases against the petitioners/ respondent Nos.1 and 2 in M.C.No.402 of 2017, D.V.C.No.42 of 2018, C.C.No.504 of 2017, O.S.No.99 of 2018 and F.C.O.P No.650 of 2017. It is also stated that on 19.04.2019 and 20.04.2019, the henchmen of the 1st respondent/petitioner came to their house and threatened them with dire consequences, as such the petitioners/ respondent Nos.1 and 2 lodged a complaint before the Police, Musheerabad. In spite of lodging complaint, no action has been taken by them, as such having left with no other option, the 1st petitioner/respondent No.1 filed O.P.No.471 of 2019 against the 1st respondent/petitioner seeking a decree of divorce and in the said O.P., vide I.A.No.973 of 2019 the petitioners/respondent Nos.1 and 2 got obtained ad interim injunction order restraining the 1st respondent/petitioner and her henchmen from causing nuisance. Since the petitioners/respondent Nos.1 and 2 are having imminent threat to their Limb, Life and Property, they requested to transfer D.V.C.No.42 of 2018 from the Court of the VI Metropolitan Magistrate, Athveli, Medchal to the Court of the Judge, Family Court, City Civil Court, Secunderabad, to try along with O.P.No.471 of 2019 and no prejudice would be caused to the 1st respondent/ petitioner.