K.MANASA Vs. BILLAKANTI SUPREETH

JUDGEMENT

(1.) The petitioner/wife has filed this Transfer Civil Miscellaneous Petition under Sec. 24 of the Civil Procedure Code, 1908 (for short 'CPC') with a prayer to withdraw OP No.138 of 2022 pending on the file of the learned Judge, Family Court, Ranga Reddy District at L.B. Nagar and to transfer the same to the learned Judge, Family Court, Nizamabad stating that she is legally wedded wife of the respondent, their marriage took place on 30/12/2021, immediately after one month of the marriage, the respondent and his family members harassed her, created dangerous situation for her to stay in their house. Thereafter, she started living with her parents. The respondent/husband has also filed OP No.138 of 2022, which is pending on the file of the Judge, Family Court, Ranga Reddy District at L.B.Nagar.

(2.) This petition is resisted by the respondent/husband. He filed a detailed counter. The necessary facts that are required for the purpose of this transfer petition as culled out from the counter are that the relationship between the petitioner and the respondent is not in dispute, however, it is alleged that the petitioner left the marital home and blocked the phone numbers belonging to him and his family members till 12/6/2021. Thereafter, the respondent and his friend met the petitioner outside i.e., a coffee shop at Banjara Hills and tried to resolve the issue, but in vain, finally he got issued a legal notice dtd. 9/10/2021 for restitution of conjugal rights and as there was no response from the petitioner, he has filed OP No.138 of 2022 on the file of the learned Judge, Family Court, Ranga Reddy District at L.B. Nagar under Sec. 13 (1)(ia) of Hindu Marriage Act, 1955 seeking divorce by dissolution of marriage.

(3.) It is further averred in the counter that thereafter, the petitioner has filed a case in Crime No.17 of 2022 before the Police, Mendora of Nizamabad District for the offences punishable under Sec. 498-A of the Indian Penal Code, 1860 (for short 'IPC') and under Sec. 4 of Dowry Prohibition Act, 1961. He went to the police where the family members of the petitioner gave life threat to him, accordingly stated that there is a threat to his life if the matter is transferred to Nizamabad and prayed for dismissal of the application. It is further stated that on 28/2/2022 when he went to the Mendora Police Station, the family members of the petitioner threatened and he gave a report to the police and copy of the report is also annexed to the counter along with acknowledgement.