HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA TRANSFER CIVIL MISCELLANEOUS PETITION No. 454 OF 2011 DATED 10th November, 2011 BETWEEN Shaik Jarina …….Petitioner and Shaik Nagoor Meera Vali ……Respondent HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA TRANSFER CIVIL MISCELLANEOUS PETITION No. 454 OF 2011 ORDER: This Transfer Civil Miscellaneous Petition under Section 24 CPC is filed seeking to transfer O.S.No. 283 of 2011 pending on the file of the learned Principal JuniorCivil Judge, Guntur to the Court of the learned Principal Junior Civil Judge, Eluru, West Godavari District. It is the case of the petitioner that her husband, who is the respondent herein, filed the aforesaid said suit for dissolution of marriage that took place on 12.05.2007. It is her case that the respondent earlier filed MDOP.,No. 132 of 2009 for restitution of conjugal rights on the file of the Family Court, Guntur, which was allowed by order dated 27.09.2010, against which, she preferred an appeal in FCA.SR.No. 23303 of 2011 before this Court and the same is pending consideration. It is her further case that she also filed MC.No. 9 of 2010 on the file of the Additional Judicial First Class Magistrate for Excise, Eluru seeking maintenance; a private complaint vide SR.No. 1142 of 2011 under Section 200 Cr.P.C. against the respondent and others on the file of the II Additional Judicial Magistrate of First Class, Eluru, for the offences punishable under Sections 498-A, 506 (2) r/w Section 34 IPC and Sections 3 and 4 of Dowry Prohibition Act; and that DVC SR.No. 1405 of 2011 on the file of the Special Judicial Magistrate of First Class, Prohibition and Excise, Eluru, and all the above cases preferred by her are pending consideration. It is her grievance that at present she is residing with her brother at Eluru; and is facing financial crisis and that she being a lady, no one is there to accompany to Guntur to pursue the suit filed by the respondent/husband. It is further stated that as she filed the private complaint against the respondent and others under Sections 498-A, 506 (2) r/w Section 34 IPC and Sections 3 and 4 of Dowry Prohibition Act, she is apprehending threat to her life, if journey is undertaken to go to Guntur to attend the said case. The learned Counsel appearing for the petitioner reiterating the averments made in the affidavit filed in support of the Transfer Civil Miscellaneous Petition, submitted that in the interest of justice, the prayer of the petitioner be allowed. On the other hand, the learned Counsel appearing for the respondent opposed the prayer of the petitioner. Heard. Perused the case file. It is not in dispute that the petitioner has filed MC.No. 9 of 2010 on the file of the Additional Judicial First Class Magistrate for Excise, Eluru seeking maintenance; a private complaint vide SR.No. 1142 of 2011 under Section 200 Cr.P.C. against the respondent and others on the file of the II Additional Judicial Magistrate of First Class, Eluru, for the offences punishable under Sections 498-A, 506 (2) r/w Section 34 IPC and Sections 3 and 4 of Dowry Prohibition Act; and that DVC SR.No. 1405 of 2011 on the file of the Special Judicial Magistrate of First Class, Prohibition and Excise, Eluru, and all the above cases preferred by her are pending consideration. It is the case of the petitioner that at present she is residing with her husband at Eluru with her brother, who is looking after her welfare and she is totally depending on his income. She, being a lady, normally requires assistance of a male person to accompany her all the way from Eluru to Guntur for every hearing of the suit filed by her husband against her in the Court at Guntur. Further, as she filed a private complaint against the respondent and others, her apprehension of threat to her life in the facts and circumstances of the case clearly understandable. As the aforesaid cases filed by the petitioner are pending consideration before the Courts at Eluru, the respondent in any way has to attend the Courts at Eluru. In that view of the matter, in the interest of justice, it would be just, proper and appropriate to transfer the suit in OS.No.283 of 2011 filed by her husband to the Court at Eluru, so as to mitigate the hardship that would be caused to the petitioner in attending the Court at Guntur for every hearing in the light of peculiar facts and circumstances of the case. On the other hand, if the case at Guntur is transferred to the Court at Eluru, no inconvenience and hardship is caused to the respondent as he has to attend the Courts at Eluru in respect of the cases already instituted by the petitioner herein against him. For the foregoing discussion, the Transfer Civil Miscellaneous Petition is allowed. Consequently, the suit in O.S.No. 283 of 2011 pending on the file of the learned Principal Junior Civil Judge, Guntur, is hereby withdrawn and is transferred to the Court of the learned Principal Junior Civil Judge, Eluru, West Godavari District, for trial and disposal in accordance with law. There shall be no order as to costs. --------------------------------------------- JUSTICE ASHUTOSH MOHUNTA Dated 10th November, 2011. Msnro