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2020 DIGILAW 104 (TS)

Samala Srinivasa Prasad v. Samala Vaniliia

2020-01-24

G.SRI DEVI

body2020
JUDGMENT G. Sri Devi, J. - The present Transfer Criminal Petition is filed by the petitioners/respondent Nos.1 and 2 in D.V.C.No.42 of 2018 on the file of the VI Metropolitan Magistrate, Athveli at Medchal, seeking transfer of the said D.V.C. No.42 of 2018 to the Court of Judge, Family Court, City Civil Court, Secunderabad, to be tried along with O.P.No.471 of 2019, which is pending in the said Court. 2. Though notice sent to the 1st respondent was received by her, she did not choose to appear either personally or through any Counsel. Hence, heard the learned Counsel for the petitioners/respondent Nos.1 and 2, learned Additional Public Prosecutor appearing for the 2nd respondent/State and perused the record. 3. It is stated in the affidavit, which was filed in support of the petition that the marriage of the 1st petitioner/respondent No.1 with the 1st respondent/petitioner was solemnised on 25.08.2002 as per Hindu Rites and Customs and out of wedlock, three children were born to them. It is also stated that 15 years after the marriage, due to differences, the 1st respondent/petitioner deserted the 1st petitioner/respondent No.1 and filed the cases against the petitioners/ respondent Nos.1 and 2 in M.C.No.402 of 2017, D.V.C.No.42 of 2018, C.C.No.504 of 2017, O.S.No.99 of 2018 and F.C.O.P No.650 of 2017. It is also stated that on 19.04.2019 and 20.04.2019, the henchmen of the 1st respondent/petitioner came to their house and threatened them with dire consequences, as such the petitioners/ respondent Nos.1 and 2 lodged a complaint before the Police, Musheerabad. In spite of lodging complaint, no action has been taken by them, as such having left with no other option, the 1st petitioner/respondent No.1 filed O.P.No.471 of 2019 against the 1st respondent/petitioner seeking a decree of divorce and in the said O.P., vide I.A.No.973 of 2019 the petitioners/respondent Nos.1 and 2 got obtained ad interim injunction order restraining the 1st respondent/petitioner and her henchmen from causing nuisance. Since the petitioners/respondent Nos.1 and 2 are having imminent threat to their Limb, Life and Property, they requested to transfer D.V.C.No.42 of 2018 from the Court of the VI Metropolitan Magistrate, Athveli, Medchal to the Court of the Judge, Family Court, City Civil Court, Secunderabad, to try along with O.P.No.471 of 2019 and no prejudice would be caused to the 1st respondent/ petitioner. 4. 4. At the time when the matter was taken up for hearing, the learned Counsel for the petitioners/respondent Nos.1 and 2 placed on record the order passed by this Court in Transfer Civil Miscellaneous Petition No.152 of 2018. A perusal of the said order, it is evident that the 1st respondent/petitioner filed Transfer Civil Miscellaneous Petition No.152 of 2018 seeking transfer of M.C.No.402 of 2017 from the file of the XV Additional District Judge-cum-Family Judge, Kukatpally to the Court of Family Judge, Secunderabad, to try along with O.P.No.650 of 2017. By an order, dated 03.09.2019, this Court allowed the said transfer petition. Therefore, it is clear that on the request made by the 1st respondent/petitioner only, M.C.No.402 of 2017 was transferred to the Court of the Judge, Family Court, City Civil Court, Secunderabad to be tried along with O.P.No.650 of 2017. 5. In the light of the judgments of the Bombay High Court cited by the learned Counsel for the petitioner/respondent No.1 in Mr. Santosh Machindra Mulik v. Mrs. Mohini Mithu Choudhari (Misc. Civil Application No.64 of 2019, decided on 15.11.2019) and in Sandip Mrinmoy Chakraboarty v. Reshita Sandi Chakrabarty and another (Crl.Writ Petition No.4649 of 2015, decided on 06.09.2018) and also taking into consideration the convenience of the parties, I feel it expedient to transfer D.V.C.No.42 of 2018 from the file of the VI Metropolitan Magistrate, Athveli at Medchal, to the Court of the Judge, Family Court, City Civil Court, Secunderabad, to be tried along with O.P.No.471 of 2019. 6. Accordingly, the Transfer Criminal Petition is allowed and D.V.C.No.42 of 2018 is withdrawn from the file of the VI Metropolitan Magistrate, Athveli at Medchal and transferred to the Court of the Judge, Family Court, City Civil Court, Secunderabad, to be tried along with O.P.No.471 of 2019. 7. Miscellaneous petitions, if any, pending shall stand dismissed.