YERRAM MANESHA Vs. YERRAMAKSHAY KUMAR

JUDGEMENT

(1.) This Transfer Civil Miscellaneous Petition is filed seeking transfer of F.C.O.P.No.1666 of 2023 from the file of the Judge, Principal Family Court-cum-XIII Additional Metropolitan Sessions Judge at Charminar, Hyderabad, filed by the respondent-husband, to the Family Court, Mahabubnagar.

(2.) In the affidavit, filed in support of this Tr.C.M.P., it is averred that the marriage of the petitioner-wife was solemnized with the respondent-husband on 4/5/2003. While so, the petitioner unable to bear the physical and mental harassment meted to her by the respondent, her in-laws and their relatives, lodged a complaint against them on the file of Mahabubnagar Police Station and a case in Crime No.102 of 2023 was registered for the offences under Ss. 498-A r/w 109 IPC and Ss. 3 and 4 of the Dowry Prohibition Act. Subsequently, the respondent filed FCOP.No.1666 of 2023 on the file of the Principal Family Court, at Charminar, Hyderabad, seeking a decree of restitution of conjugal rights.

(3.) The respondent filed counter-affidavit inter alia denying the averments made in the affidavit as regards the allegation of harassment against him and his family members. He further stated that the apprehension of the petitioner that there is threat to her life is in fact false. He stated that on 6/11/2023, the parents of the petitioner and their relatives trespassed into their house, broke the glasses, furniture and created nuisance, which clearly establishes that there is a life threat not only to the respondent but also to his parents and there is every chance of their attack by the father of the petitioner and his muscle persons if the present FCOP is transferred to the Family Court, Mahabubnagar. Hence, he prays to dismiss the petition.