HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA TRANSFER CIVIL MISCELLANEOUS PETITION No.466 OF 2011 DATED 14TH NOVEMBER, 2011 BETWEEN Reddam Keerthi Sudha …….Petitioner and Reddam Raja Sekhar Reddy …… Respondent HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA TRANSFER CIVIL MISCELLANEOUS PETITION No.466 OF 2011 ORDER: This Transfer Civil Miscellaneous Petition under Section 24 of the CPC is ﬁled seeking to transfer FCOP.No. 72 of 2011 pending on the ﬁle of the learned Judge, Family Court, Kurnool to the Court of the learned Judge, Family Court, Warangal. Heard. Perused the case file. The petitioner-wife married the respondent-husband on 21.8.2008. They were blessed with a male child on 15.7.2009 out of their wedlock. Thereafter, some disputes arose in between them. It is the case of the petitioner-wife that the respondent-husband and his family members harassed her both mentally and physically for additional dowry; and that she was beaten in black and blue and made to leave the paternal home; and that pursuant to the same, she lodged a complaint before the KPHB Police Station, which was registered as Crime No. 551 of 2010 for the oﬀences punishable under Section. 498-A IPC and Sections 3 and 4 of Dowry Prohibition Act. It is her further case that she also ﬁled a case in DVC.No. 1 of 2011 on the ﬁle of the learned VI Additional Judicial Magistrate of First Class, Warangal, under Section 12 of the Protection of Women from Domestic Violence Act, 2005, which was partly allowed by order dated 19.2.2011; and that aggrieved by the same, she preferred an appeal under Section 29 of the said Act and the same is pending consideration on the ﬁle of the learned Principal Sessions Judge, Warangal. It is her complaint that as a counter blast to the same, the respondent-husband ﬁled FCOP.No. 72 of 2011 under Section 9 of the Hindu Marriage Act read with Section 7(1) of the Family Courts Act,on the ﬁle of the learned Judge, Family Court, Kurnool seeking restitution of conjugal rights. It is her grievance that at present she is residing with her parents at Warangal and is pursuing the appeal ﬁled by her under Section 29 of the Protection of Women from Domestic Violence Act, 2005, and that as she has to look after her sucking child of 1½ years age, it would be very inconvenient for her to attend the Court at Kurnool in connection with the aforesaid case preferred by her husband. It is her further complaint that there is also threat to her life from the hands of the respondent-husband and his relatives. On the contrary, the respondent, while reiterating the averments made in t h e FCOP.No. 72 of 2011, vehemently opposed the transfer of the proceedings from the Court at Kurnool to the Court at Warangal. As can be seen from the record, it is clear that the respondent-husband is staying at Hyderabad while the petitioner- wife is staying with her parents at Hanamakonda, Warangal District. It is an admitted fact that the petitioner-wife has to look after the welfare of her child who is just aged about 1 ½ years. Further, she also apprehends a threat to her life in the hands of the respondent and his relatives if she is to attend the Court at Kurnool. It is a well settled proposition of law that in the cases of matrimonial disputes, the convenience of wife should be given paramount preference over the feasibility of the husband. As such, having regard to the facts and circumstances of the case, I deem it proper and appropriate to transfer FCOP.No. 72 of 2011 from the Court at Kurnool to the Court at Warangal. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. As a sequel thereto, FCOP.No. 72 of 2011 pending on the ﬁle of the learned Judge, Family Court, Kurnool is hereby withdrawn and transferred to the ﬁle of the learned Judge, Family Court, Warangal. There shall be no order as to costs. --------------------------------------------- JUSTICE ASHUTOSH MOHUNTA Dated 14th November, 2011. Msnro