K. SWETHA KUMARI Vs. K. ANANTHA RAM REDDY

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 FCOP No.655 of 2018 from the Family Court, City Civil Court, Secunderabad, and transfer the same to the Court of IX Additional District Judge at Sircilla, 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 25.04.2008 at Vemulawada Town, Rajanna Sircilla District. During their wedlock, the couple are blessed with a male child who is now aged about eight years. The respondent/husband filed the subject FCOP No.655 of 2018 before the Family Court, City Civil Court, Secunderabad, seeking dissolution of marriage between him and the petitioner/wife on the ground of adultery. The respondent/husband also filed GWOP No.31 of 2019 before the IX Additional District Judge, Sircilla, seeking custody of the minor child by name K.Harishwar Reddy. The petitioner/wife filed M.C.No.10 of 2019 before the Judicial Magistrate of First Class, Sircilla, seeking maintenance to her and her son. In the subject FCOP No.655 of 2018 filed before the Family Court, City Civil Court, Secunderabad, the respondent/husband had shown his address as Plot No.4, Bhavana Housing Cooperative Society, Bollaram, Secunderabad, whereas in the GWOP No.31 of 2019 filed before the IX Additional District Judge, Sircilla, he had shown his address as H.No.4-4-107, Reddy Veedhi Locality, Sircilla Town and Mandal, Rajanna Sircilla District. This shows the intention of the respondent/husband to harass the petitioner/wife in one way or the other. Since M.C.No.10 of 2019 filed by the petitioner/wife and GWOP No.31 of 2019 filed by the respondent/husband are pending before the Courts situated at Sircilla, it would be in the interest of the justice to transfer the subject FCOP No.655 of 2018 from the Family Court, City Civil Court, Secunderabad to the Court of the IX Additional District Judge, Sircilla. Further, the distance between Sircilla and Secunderabad is around 140 kilometres. It will be difficult for the petitioner/wife to travel from Sircilla to Secunderabad, with or without her minor boy, to defend the subject FCOP No.655 of 2018 in the Court at Secunderabad. Further, the petitioner/wife has no financial capability to undertake travel from Sircilla to Secunderabad and ultimately prayed to withdraw FCOP No.655 of 2018 from the Family Court, City Civil Court, Secunderabad, and transfer the same to the Court of IX Additional District Judge, Sircilla, for trial and disposal in accordance with law.