LAWS(TLNG)-2020-3-54

BODARI KRISHNA KUMARI Vs. B. NARSIMHA

Decided On March 10, 2020
Bodari Krishna Kumari Appellant
V/S
B. Narsimha Respondents

JUDGEMENT

(1.) This Transfer Civil Miscellaneous Petition, under Section 24 of the Code of Civil Procedure, 1908, is filed by the petitioner/wife seeking to transfer O.P.No.326 of 2019 from the file of Judge, II Additional Family Court - cum - XVI Additional District Judge, Ranga Reddy District at Malkajgiri, to the file of Judge, Family Court - cum - VII Additional District Judge, Sangareddy, for trial and disposal, in accordance with law.

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

(3.) Learned counsel for the petitioner/wife would submit that the respondent/husband filed O.P.No.326 of 2019 on the file of Judge, II Additional Family Court - cum - XVI Additional District and Sessions Judge, Ranga Reddy District at Malkajgiri, under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (for short, 'the Act'), seeking divorce. The petitioner/wife filed M.C.No.11 of 2019 on the file of Additional Judicial Magistrate of First Class, Sangareddy, under Section 125 of the Code of Criminal Procedure, 1973, seeking maintenance. The petitioner/wife is residing at her parents' house situated at Indrakaran Village, Sangareddy Mandal and District, along with her minor children, who are aged about 11 years and 09 years, respectively. Therefore, it is very difficult for the petitioner/wife to attend the Court at Malkajgiri, where the subject O.P. is pending. Moreover, the Maintenance Case filed by the petitioner/wife is pending at Sangareddy. Therefore, the Court at Sangareddy would be more convenient and it is little expensive to the petitioner/wife. Further, the petitioner/wife is unable to get proper legal assistance at Malkajgiri. The petitioner/wife is apprehending danger to her life at Malkajgiri and ultimately, prayed to allow the Transfer Civil Miscellaneous Petition, as prayed for.