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2022 DIGILAW 8 (TS)

P. Saritha v. Perem Srinivas

2022-01-04

LALITHA KANNEGANTI

body2022
ORDER : Since these transfer criminal petitions arise out of the same parties, they are being disposed of by this common order. 2. These transfer criminal petitions are filed by the petitioner-wife to withdraw D.V.C.No.1123 of 2018 on the file of IV Special Judicial Magistrate of First Class (Excise) at Karimnagar, and transfer the same to the Metropolitan Magistrate Courts at Nampally, Hyderabad or to any other Magistrate’s Courts at Hyderabad; and to withdraw M.C.No.1124 of 2018 pending on the file of IV Special Judicial Magistrate of First Class (Excise) at Karimnagar, and transfer the same to the Metropolitan Magistrate Courts at Nampally, Hyderabad or to any other Family Court at Hyderabad. 3. Learned counsel for the petitioner, Mr C. Hari Preeth, submits that as the respondent-husband is working at Hyderabad and as both the parties are residing at Hyderabad, it would be convenient to both parties if the matters are transferred from Karimnagar to Hyderabad. 4. On the other hand, learned counsel Sri G. Sundareshan, representing Mr. P. Sri Ram, learned counsel for the respondent-husband, submits that the husband has filed H.M.O.P.No.131 of 2017 on the file of Senior Civil Judge, Peddapalli, and that on an application filed by the wife, the said OP was transferred from Peddapally to Karimnagar; and the wife has filed DVC and MC at Huzurabad, and that on an application filed by the husband, they were transferred to Karimnagar. Learned counsel further submits that already in those cases trial has commenced and the matter is posted to 07.01.2022 and that as four cases are pending at Karimnagar and already trial has commenced, at this stage, it is not appropriate to transfer the said cases to Hyderabad. 5. Having heard the learned counsel on both sides perused the entire material on record. This Court has observed that though in the cause title before the Court below both in DVC and MC, it is shown that the petitioner is a resident of Kamalapur Village and Mandal, Warangal District, in the present Transfer Criminal Petitions, her address is mentioned at Hyderabad. Earlier, on the petition filed by the husband, D.V.C.No.2 of 2018 (now D.V.C.No.1123 of 2018) and M.C.No.2 of 2018 (now M.C.No.1124 of 2018) were transferred from Huzurabad to Karimnagar, and on an application filed by the wife, H.M.O.P.No.131 of 2017 was transferred from Peddapally to Karimnagar, by order dated 05.10.2018 in Tr.O.P.No.133 of 2018. Earlier, on the petition filed by the husband, D.V.C.No.2 of 2018 (now D.V.C.No.1123 of 2018) and M.C.No.2 of 2018 (now M.C.No.1124 of 2018) were transferred from Huzurabad to Karimnagar, and on an application filed by the wife, H.M.O.P.No.131 of 2017 was transferred from Peddapally to Karimnagar, by order dated 05.10.2018 in Tr.O.P.No.133 of 2018. Another criminal case under Section 498-A IPC and SCs & STs (POA) Act and Section 4 of Dowry Prohibition Act, is also pending at Karimnagar. In that case trial has already commenced and all the witnesses in the said criminal case and other respondents in DVC are also residents of Karimnagar. In that view of the matter, this Court finds no reason to transfer DVC and MC from Karimnagsar to Hyderabad. 6. Accordingly, the Transfer Criminal Petitions are dismissed. 7. Miscellaneous applications, if any pending in these petitions, shall stand dismissed.