AITHA BATHULA SWETHA RANI Vs. BATHULA RAMAIAH

JUDGEMENT

(1.) This Transfer Civil Miscellaneous Petition, under Sec. 24 of the Code of Civil Procedure, 1908, is filed by the petitioner/wife, requesting to withdraw H.M.O.P.No.155 of 2019 from the file of the Senior Civil Judge's Court, Jagityal, and transfer the same to the file of the Principal Senior Civil Judge's Court, Karimnagar, for trial and disposal, in accordance with law.

(2.) Heard the learned counsel for the petitioner/wife and perused the record. In spite of service of notice on respondent/husband, there is no representation on his behalf.

(3.) The learned counsel for the petitioner/wife would submit that the marriage between the petitioner/wife and the respondent/ husband was performed on 9/5/2018 at Karimnagar District. At the time of marriage, the parents of the petitioner/wife gave an amount of Rs.10.00 lakhs to the respondent/husband towards dowry. After the marriage, the couple lived happily for one month and thereafter some disputes arose between them. Subsequently, the respondent/husband started harassing the petitioner/wife physically and mentally demanding additional dowry, upon instigation of his family members. Several panchayats were held to resolve the disputes between the couple, but in vain. Finally, the petitioner/wife was necked out from her matrimonial house by the respondent/ husband demanding additional dowry. Left with no other alternative, the petitioner/wife went to her parents house at Karimnagar and started living there. Vexed with the attitude of the respondent/husband, the petitioner/wife lodged a report with the Women Police Station, Karimnagar District, against the respondent/husband and his family members, which was registered as Crime No.29 of 2019 for the offences punishable under Sec. 498-A of IPC and Sec. 4 of the Dowry Prohibition Act, 1961. As a counter-blast, the respondent/husband filed the subject H.M.O.P.No.155 of 2019 before the Senior Civil Judge's Court, Jagityal, under Sec. 9 of Hindu Marriage Act, seeking restitution of conjugal rights. The petitioner/wife is apprehending life threat in the hands of the respondent/husband. The distance between Karimnagar and Jagityal is about 50 kilometers. The petitioner/wife has to travel about 50 kilometres to go to Jagityal to defend the subject O.P. filed by the respondent/husband and as such, it is inconvenient for her to undertake the said travel. Moreover, no inconvenience or hardship would be caused to the respondent/husband if the request of the petitioner/wife is considered and ultimately prayed to allow the Transfer Civil Miscellaneous Petition as prayed for.