SRAVYA SHANIGARAM NEETHA Vs. KASAM VIJAY VARDHAN 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 H.M.O.P.No.106 of 2018 from the Court of the Senior Civil Judge at Nizamabad, and transfer the same to the Court of the XV Additional District Judge-cum-XV Metropolitan Sessions Judge-cum-II Additional Family Judge, Kukatpally, to try along with F.C.O.P.No.465 of 2019, in accordance with law.

(2.) Heard the learned counsel for the petitioner/wife and perused the record. Though notice is served on the sole respondent/husband and a memo showing proof of service, vide USR No.62459 of 2019, was filed on 25.10.2019, there is no representation for the respondent/husband.

(3.) The learned counsel for the petitioner/wife would submit that the marriage between the petitioner/wife and the respondent/husband was performed on 05.03.2014 at Dichpally Village and Mandal, Nizamabad District. Subsequently, the respondent/husband started harassing the petitioner/wife. Finally, the petitioner/wife was necked out from her matrimonial home. The respondent/husband filed H.M.O.P.No.106 of 2018 before the Senior Civil Judge, Nizamabad, seeking divorce. Left with no other alternative, the petitioner/wife filed F.C.O.P.No.465 of 2019 before the XV Additional District Judge-cum-XV Metropolitan Sessions Judge-cum-II Additional Family Judge, Kukatpally, for restitution of conjugal rights. The petitioner/wife is a government employee, working as woman P.C. in police department and presently posted at Hyderabad. Though both the parties are the residents of Hyderabad, the respondent/husband filed the subject H.M.O.P.No.106 of 2018 in the Court at Nizamabad, in order to harass the petitioner/wife. The distance between Hyderabad and Nizamabad is around 175 kilometres and it will be difficult for the petitioner/wife to travel from Hyderabad to Nizamabad, all alone, to attend the proceedings in the Court at Nizamabad and ultimately prayed to withdraw H.M.O.P.No.106 of 2018 from the Court of the Senior Civil Judge, Nizamabad, and transfer the same to the Court of XV Additional District Judge-cum-XV Metropolitan Sessions Judge-cum-II Additional Family Judge, Kukatpally, to try along with F.C.O.P.No.465 of 2019 filed by the petitioner/wife.