THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Transfer C.M.P.No.668 of 2009 (Dated: -02-2010) Between: Smt.Gadepally Srivani W/o Gadepally Srivamsh East Godavari District ..Petitioner A n d Gadepally Srivamsh S/o Gadepally Kameshwar Rao Secunderabad …Respondent THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Transfer C.M.P.No.668 of 2009 ORDER: This transfer C.M.P has been filed by the respondent in O.P.No.973 of 2009 on the file of Family Court, Ranga Reddy District at L.B.Nagar to transfer the said O.P to the file of Senior Civil Judge, Pithapuram, East Godavari District. 2. The petitioner and the respondent are wife and husband. They got married on 15.05.2009 at Pithapuram, East Godavari District as per Hindu Rites and customs. Their marital life ran in rough weather. Of course, as to who is responsible for their not having happy marital life is not relevant for the purpose of this petition. Whatever may be the reason, the wife has been living with her parents at Pithapuram. While so, the husband filed O.P.No.973 of 2009 on the file of Family Court, Ranga Reddy District at L.B.Nagar under Section 12 of the Hindu Marriage Act, 1955 seeking annulment of the marriage. Whereas the wife filed M.C.No.20 of 2009 on the file of the Judicial First Class Magistrate at Pithapuram for maintenance. Hence, this instant application, under Section 24 CPC, by the petitioner-wife with a prayer stated supra. 3. For better appreciation of the grounds urged by the petitioner- wife for transfer of O.P.No.973 of 2009, I deem it appropriate to refer paragraph 8 of the affidavit filed in support of the petition, which reads as hereunder:- “I submit that I am a housewife. I am not having any means to maintain myself. I have to depend on my parents for all my needs. To pursue the case at L.B.Nagar, Hyderabad it will be very difficult for me to visit Hyderabad from Pithapuram and I have also threat in the hands of the respondent and his family members. I am not having any means to meet the traveling and other expenditure to pursue the case at L.B.Nagar, Ranga Reddy District. The distance from L.B.Nagar, Rangareddy District to Pithapuram is more than 500 kilometers. Being a lady I alone cannot undertake journey such long distance so as to attend the proceedings in the petition. Taking undue advantage of my situation, the respondent deliberately filed the above petition with an intention to obtain an ex parte decree against me. So under the above circumstances it will be difficult for me to go to L.B.Nagar, Hyderabad, Ranga Reddy District and contest the O.P.No.973 of 2009 filed by the respondent. This Hon’ble Court as well as the Hon’ble Supreme Court held that convenience of destitute woman should be preferred in ordering transfer of matrimonial cases. I have no income to sustain myself and I am unable to meet the expenses to travel to L.B.Nagar, Ranga Reddy District along with the attendant. Hence, I am not in a position to attend the Court at Hyderabad for the further adjournments. Hence in the interest of justice it is just and necessary to grant stay of all further proceedings in O.P.No.973 of 2009 on the file of Family Court, Ranga Reddy District at L.B.Nagar, pending final disposal of the Transfer Civil Miscellaneous Petition. Else, I will be put to irreparable loss and hardship. I further pray that the contents of the documents filed along with this petition be read as part and parcel of this petition to avoid repetition of facts in the interest of justice.” 4. Notice before admission came to be ordered on 09.12.2009. The respondent received notice and entered appearance through a counsel and filed counter. 5. It is stated in the counter affidavit that the marriage was not consummated and therefore, it was nullity. It is further stated that the petitioner-wife is unfit for conjugal obligation and she voluntarily refused to cohabit with him and that she is of unsound mind suffering from mental disorder. It is also stated in the counter affidavit that the petitioner-wife filed a false case against him and his father who is aged 82 years, a veteran freedom fighter, and harassed them. It is further stated that the petitioner is working as a teacher in Municipal High school apart from giving tuitions to students at her house and she is financially independent and self-sufficient. She filed M.C.No.20 of 2009 on the file of the Judicial First Class Magistrate, Pithapuram with false allegations that she is a destitute woman. It is also stated in the counter affidavit that the petitioner and her relations attempted to do away the respondent-husband and his aged father and that complaints came to be filed against the petitioner and her relations before the Superintendent of Police, East Godavari District; Station House Officer, Pithapuram; and Director General and Inspector General of Police, Hyderabad; and Additional Director General of Police, C.B.C.I.D, Hyderabad. 6. Heard counsel appearing for the parties. 7. Learned counsel appearing for the petitioner submits that the petitioner is a woman and she apprehends danger to her life in attending the Family Court situated at L.B.Nagar, Ranga Reddy District, where O.P No.973 of 2009 filed by the respondent-husband is pending and therefore, the said O.P is required to be transferred to the file of the Senior Civil Judge, Pithapuram. A further submission has been made that the M.C. No.20 of 2009 filed by the petitioner is pending on the file of the Judicial First Class Magistrate, Pithapuram and it may not be inconvenient for the respondent-husband to take the proceedings in O.P.973 of 2009 in the Court situate at Pithapuram. 8. Learned counsel appearing for the respondent submits that the respondent apprehends danger to his life in attending the Court at Pithapuram where the petitioner and her relations reside and indeed certain attempts were made by the petitioner’s relations to do away the respondent and her aged father and therefore, this transfer C.M.P filed by the petitioner seeking transfer of the O.P from the file of the Family Court, Ranga Reddy District at L.B.Nagar is liable to be dismissed. 9. Having given my anxious consideration to the rival contentions of the parties, since the petitioner apprehends danger to her life, in attending the Court situate at L.B.Nagar, Ranga Reddy District and so also the respondent apprehends danger in attending the Court situate at Pithapuram, I am of the view that the O.P is to be transferred to the place within whose jurisdiction, neither of the party has relations. Therefore, I deem it appropriate to transfer O.P.No.973 of 2009 filed by the respondent-husband from the file of Family Court, Ranga Reddy District at L.B.Nagar, to the file of Family Court, West Godavari District at Eluru. 10. Accordingly, this Transfer C.M.P is disposed of at the admission stage. _____________________ B.SESHASAYANA REDDY, J Dt. 05–02-2010 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Transfer C.M.P.No.668 of 2009 (Dated: -02-2010)