smt Maram Likhitha @^-Gottimukkura. Likhitha wo. Gottimukkura Venkata v. sessions Judge-cum-ll Additional Family court

Petition under Section '15'l of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceeoings in FCOPNo.443 of 2023 on the file of the Family Court, Hanmakonda, pending final disposal of the main Transfer Civil Miscellaneous Petition. lA NO: 2 OF 2025 BETWEEN: Gottimukkula Venkata Krishna Reddy, S/o. G. Ragotham Reddy Age 30 years, Occ Business, Rio. H.No. 3-9-639, Reddy Colony, Hanumakonda, Warangal. ...P etrt\onerlRespondent AND smtMaramLikhitha@GottimukkulaLikhitha,wo.Gottimukkulavenkata xiiii.i nuJav, or" Mira, Siiani(ai, Ase 26 years, occ Household, Presently Ft". pl"i No Ai H No 3-4-248, Sri Sharaf,a Homes,_Railway Employees.Colony, Opoostie V-e bitv VTC Turkapally, PO Bollaram. Sub-Disirict Alwal. Medchal- M'airal giri Districi. Telengana-50001 0. ...RespondenUPetitioner Petition under section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order daled2410112025 passed in TRCMP No 27 of 2025 in the interest of justice. Counsel for the Petitioner :SRl G ESWARAIAH Counsel for the Respondent : MS. N KAMALA The Court made the following: ORDER r...-_ry THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY Tr.C.M.P.No.27 of 2O25 ORDER: This Transfer Civil Miscellaneous Petition is filed seeking transfer of FCOP.No.443 of 2023, pending on the file of Family Court, Hanmakonda to the II Addl.District & Sessions Judge-cum- II Addl.Family Court, Medchal-Malkajgiri District at Medchal.

2. Heard Sri G.Eswaraiah, learned counsel for the petitioner and Ms.N.Kamala, learned counsel for the respondent.

3. The brief facts of the case, shorn-off unnecessary details, required for adjudication of this Tr.C.M.P., as averred in the affidavit filed in support of the Tr.C.M.P., are that petitioner ard respondent are wife and husband and their marriage was performed on O4.1I.2O20, at Siri Gardens, Chekripuram Cross Road, Kushaiguda, Hyderabad, as per the customs prevailing in Hindu Community; that soon after the marriage, the petitioner joined the matrimonial comparry of respondent; that thereaJter disputes and differences arose between them arld their relationship became strained; ald the respondent filed FCOP.No.443 of 2023 before the Judge, Family Court-cum-l Additional District Judge, Harmakonda, seeking restitution of -) conjugal rights. It is averred that the petitioner along with her minor son shrlted to Jeedimetla and doing coolie rvork to sustain herself; that she is dependent on her pa-rents and she has to take care of her tender-aged minor son. It is further averred that the petitioner filed DVC.No.72 of 2024 on the file of Additiona-l Metropolital Magistrate at Athvelli, Medchal-Malkajgiri District, Medchal; and that the distance between Medcha-l to Hanumakoncla is about 1 BO kms., therefore, she carnot travel such a long distance along with her tender-aged minor child to appear on e\rery date of hearing in FCOP.No.443 of 2023. Hence, the present Tr.CMP. is filed.

4. Learned counsel for the petitioner apart from reiterating the averments made in the a-ffidavit filed in support of the Tr.CMP, submitted that certain factual mistakes have crept in the affidavit and prayed to take lenient view ald to dispense rvith the presence of the petitioner before the Family Court as her appearance on each date of hearing would put her to hardship.

5. Learned Counsel for the respondent would submit that the averments made in the affidavit liled in support of Tr.CMP. are incorrect. She would further submit that the petitioner and the respondent did not beget any children out of wedlock, however, 3 the petitioner has falsely stated in the affidavit that she is having minor child, therefore, prays to dismiss the Tr.cMp on that sore ground. She further submits that the petitioner, in fact, is working in Techno Services private Limited Company at Hyderabad, and in support of her contention, the counsel for the respondent has fired the petitioner's bank statement, which reflects that the petitioner is receiving a monthly salary of approximately Rs. 25,000/-. Therefore, prayed to dismiss the Tr.CMp lor suppression and misleading the Court.

6. Perusal of record would disclose that the Tr.CMp is filed principally on the ground that the petitioner is presently residing with her parents at Medcha-l; that she has no independent income and is dependent on her parents; and that her parents a-re very poor and unable to maintain herself and also her son, as such, she is doing coolie work to lead her day-today life. Further the distance between Medchal to Hanmakonda is about 1B0 kms'; that it would be quite difficult for her to travel all the way from Medchal to Hanmakonda, along with her tender-aged minor child to attend the Court proceedings on each date of hearing in FCOP.No.443 of 2023. -{

7. The petitioner, along with the Tr'CMP' frled a copy of the petition in FCOP No' 443 of 2023 filed by the respondent seeking restitution of conjugal rights' wherein at para-3 it is specifically stated by the respondent-husband that their marriage was consummated-, however, there are no issues out of wedlock' Therefore, the contention of the petitioner that she has to take care of her minor child and that she cannot travel along with the minor child, are factually incorrect'

8. A pertrsal of the bank statement of the petrtioner' filed by the respondent, reveals that the petitioner is employed with Techno Services Private Limited, Hyderabad, and is receiving a monthly salary of about Rs. 25,OOO]- from the said company' This document clearly disproves the petitioner's contention that she is unable to maintain herself and is engaged in coolie work for her sustenance.

9. In Transfer Civil Miscellaneous Petitions filed by the wife, by virtue of the principle enunciated by the Hon'ble Supreme Court and various other High Courts, the convenience of the wife has to be given priority/preference over that of the husband, HOWeVef , in the present case, although the petitioner has fiied DVC.No.Z2 of 2024 agarnst the respondent, and is pending before the ,./ 5 Additional Metropolitan Magistrate at Athvelli, Medchal-Majkajgiri District, she has misled this Honble Court by suppressing the fact that she is employed with Techno Services Private Limited and is earning a monthly salary of Rs.25,000/-. Furthermore, the petitioner has falsely stated in her a-flidavit that she has to take care her minor child, despite the fact that no children born to the petitioner and respondent out of their wedlock.

10. Therefore, in the light of false assertions made by the petitioner in the affidavit fi1ed in support of the Tr.CMP, this Court is not inclined to entertain the petition. 1 1. Accordingly, the Tr.CMP. is dismissed. No costs. Pending miscellaleous applications, if any, sha-ll stand closed. To, SD/- A.JAYASREE ,,/ ISTANT REGISTRAR S //TRUE COPY' SECTION OFFICER I IIE i'fill 3lll;[i,?Ii.*3sei9ns, {yds,"::r-r' ' ;;; 'M;cnar-Nllatraisiri District at Medchal' I s# :: r ilE t nutm r:;lxrit;LT"r

5. Two CD CoPies (A ADK/GR Additionar Fam,v HIGH COURT DATED:01 10912025 ORDER TRCMP.No.27 ot 2025 ( )".. r-) 7 fitT z$fi 6 t;) ,/ I I DISMISSING THE TRCMP WITHOUT COSTS tA ffi\>;