IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH MONDAY THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR TRANSFER CMP.NO. 497 OF 2014 Counsel for Petitioner : Sri K.Chidambaram Counsel for Respondent : Ms. Hima Bindu The court made the following : [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR TRANSFER CMP.NO. 497 OF 2014 O R D E R :
This Transfer CMP is filed to transfer FCOP.No. 408 of 2014 from the file of Family Court, City Civil Court, Hyderabad to the Family Court at Eluru, West Godavari district.
2. Heard both sides.
3. According to petition averments, the ground urged for transfer is respondent by suppressing material fact of registration of FIR in Crime No.36 of 2013 for offences under section 498-A IPC and section 3 and 4 of Dowry Prohibition Act, pending on the file of II-Town Police Station. Eluru, filed the OP. The other ground urged is that petitioner has no male assistance to come all the way from Eluru for the purpose of FCOP.No. 408 of 2014 and it is very difficult for her to appear at Hyderabad in the above said FCOP and that respondent i.e., petitioner in FCOP is threatening her with dire consequences and that she is apprehending danger to her life at Hyderabad.
4. Advocate for respondent i.e., petitioner in FCOP submitted that wife has not attended the court at Hyderabad even for a single adjournment though served with notice and filed the present transfer FCOP only to harass respondent/petitioner. Advocate for respondent submitted that since husband got job and staying at Hyderabad, the present FCOP is filed at Hyderabad and that there are no grounds to consider transfer application.
5. I have perused the material papers filed along with this transfer petition. As per Section 19 of the Hindu Marriage Act [for brevity ‘The Act’], FCOP has to be filed at the following four places; Firstly, where the marriage is solemnized; Secondly, where the respondent is residing; Thirdly, where the parties to the marriage last resided; and Lastly, where the petitioner is residing at the time of presentation of petition provided respondent at that time residing outside the territories, to which this Act extends. From the petition averments, marriage is performed at Eluru. Considering the provisions of section 19 of the Act and also the ground urged in the Transfer CMP, I am of the view that request of the petitioner has to be considered.
6. Accordingly, FCOP.No. 408 of 2014 on the file of Family Court, City Civil Court, Hyderabad is withdrawn and made over to Family Court at Eluru, West Godavari district and both parties are directed to co-operate with the Family Court at Eluru for disposal of FCOP.No. 408 of 2014. In view of the relationship between the parties and the nature of claim, Family Court at Eluru, West Godavari shall dispose of FCOP.No. 408 of 2014 within one year from the date of receipt of copy of this order.
7. Accordingly, this Transfer CMP is allowed.
8. As a sequel, miscellaneous petition if any, pending in this Transfer CMP shall stand closed.
JUSTICE S. RAVI KUMAR .
13/10/2014
I s L
HONOURABLE SRI JUSTICE S. RAVI KUMAR TRANSFER CMP.NO. 497 OF 2014 Circulation No. Date: 13/10/2014 Court Master : I s L Computer No. 43