HON’BLE Dr. JUSTICE K.G.SHANKAR Transfer Criminal Petition No.227 of 2013 Date: 08-7-2014 Between Sidda Rajeswari and 2 others … Petitioners/ Petitioners 3, 1 and 2 State, Rep. by its P.P., Hyderabad and … Respondent Sidda Ajaya Kumar … Respondent/ Respondent HON’BLE Dr. JUSTICE K.G.SHANKAR Transfer Criminal Petition No.227 of 2013 Order:
The petitioners seek for transfer of M.C.No.17 of 2013 from the file of the Family Court, Ranga Reddy District at L.B.Nagar to the Court of the Additional Judicial Magistrate of First Class, Nandyal, Kurnool District. The ground on which the petitioners seek for transfer is that the 1st petitioner has life threat in the hands of the 2nd respondent-husband. No proof is filed that the 1st petitioner has life threat in the hands of the 2nd respondent.
2. The learned counsel for the 2nd respondent, on the other hand, contended that the very petition is not maintainable under Section 407 Cr.P.C. He further contended that in fact, the 2nd respondent has life threat in the hands of the 1st petitioner. Thus, both sides are claiming that they have life threat in the hands of the other person.
3. At the time of the filing of the maintenance case, the wife described herself to be a resident of Hyderabad having given the address of Hyderabad. Perhaps, she has shifted her residence now to Nandyal. When the 1st petitioner was at Hyderabad when she filed the petition, I am afraid that she cannot change her residence and seek for transfer of the case to her convenience.
4. I therefore see no merits in this petition. This petition consequently is dismissed.
The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
08th July, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Transfer Criminal Petition No.227 of 2013 08th July, 2014. (Ak)