KOMATISANGEM MOUNIKA Vs. KOMATI PRAVEEN BABU

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.104 of 2017 from the file of the Senior Civil Judge, Suryapet, and transfer the same to the Court of Senior Civil Judge, Nalgonda, or to the Court of the Principal District Judge, Nalgonda, or to the Family Court, Nalgonda, 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 03.04.2016 at Nalgonda. Out of wedlock, they are blessed with a son by name Suhasradh. Subsequently, disputes arose between the couple and the petitioner/wife was necked out of the matrimonial home in the month of November, 2017. Left with no other option, the petitioner/wife started living at her parents' house in Nalgonda and she lodged a complaint with the Women Police Station, Nalgonda, against the respondent/husband and his family members, which was registered as Crime No.4 of 2018 and after filing charge sheet, the same was numbered as C.C.No.173 of 2018 on the file of the Judicial Magistrate of First Class, Nalgonda. The petitioner/wife also filed M.C.No.10 of 2019 against the respondent/husband, which is pending on the file of the Family Court at Nalgonda. The respondent/husband filed H.M.O.P.No.104 of 2017 before the Senior Civil Judge, Suryapet, seeking restitution of conjugal rights. The distance between Nalgonda to Suryapet is around 55 kilometres and it will be difficult for her to travel from Nalgonda to Suryapet, along with her minor child, to attend the proceedings in the Court at Suryapet and ultimately prayed to withdraw H.M.O.P.No.104 of 2017 from the Court of the Senior Civil Judge, Suryapet, and transfer the same to the Court of Senior Civil Judge, Nalgonda, or to the Court of the Principal District Judge, Nalgonda, or to the Family Court, Nalgonda, for trial and disposal, in accordance with law.