High Court · 2025

2. The State of Telangana' rep' by Public Prosecutor' High Court' Hyderabad' ...ResPondentslResPondents 'irornos Petition Under Section 447 of BNSS' pt-t.Y,r1n that in the circumstances of Transfei- criminal Petition, the High stated in the Memorandr."'ot Court may be pleased to *itii""*-'h"-t'"ntt"t the,DVC No 14 of 2023 on the file of Principal Junior Civil 'r'igt"i"'l'dicial First-Class Magistrate at Miryalaguda and transfer the same t" ,n".%Jri'liili n-JO,tionur .lunior Civ* Judge Cum Judicial Eilli6jl- rtr"slstrate at L'B'Nagar' Ranga Reddv District J.A. NO: 10F 2021 .t"tuo ?n"tittlT 528 of BN_ss prayr.ls that in the circumstances 1"6qi1;;f fl s',,ttffiti:r:;;{;iin"l:n*;,ii+s!,:"#rff rT lss Magistrate at Miryataguda pending disposal or tneir.crr.p "'#jfl,,ar.,,:,1"n_ , This petition comir Grounds or rranster c;;i'Ii "[:]:T,:. :I Jl Gajanand Chakravarthi, Advocate tor tne representing sri Raporu Bhasker, Advocar" ,", * *lt"t ;lHr,lJi,*J;:,H:; Yasar Mamoon, Additionat public prosecuto, {:l_F::11 ;i:l i::1ilrJ:" ";*;;; on ili"o r rhe Respondent No.2. The Court made the following: ORDER -' : .'., I THE HONOURABLE SRT JUSTICE J'SREENIVAS RAO Trans fer Cr I Petition No.96 F 2024 o oRDER: This Transfer Criminal Petition has been frled invoking the provisions of Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking for transfer of DVC No'14 of 2023 on the file of the principal Junior civil Judge-cum-Judicial First Class Magrstrate at Miryalguda to the Court of VI Additional Junior Civil Judge-cum-Judicial First Class Magistrate' Ranga ReddY District at L'B'Nagar' 2. Heard Sri Gajanand Chakravarthy' Iearned counsel for the petitioners' through video conference and Sri Udith Narayana' Rapolu Bhasker, learned No.l and Sri SYed Yasar counsel aPPea-rlng Mamoon, learned Additional Public Prosecutor appearing for rcspondent. No.2-State' representing Sri learned counsel, for resPondent

3.lLearnedcounselforthepetitionerssubmittedthat pctitioner No.1 and respondent No' 1 are husband and wife and their marriage was performed on 23' lI'2O17 according to the rites and customs prevailing in their communitSr' Subsequently disputes arose between them' Respondent No'1 lited O'P'No'267 ) of 2021 on the file ol the Family Court, Rangareddy District at L'B'Nagar seeking for restitution of conjugal rights. Even prior to filing of the above saia .f..C.O.p., petitioner No.l hled F.C.O.p.No.764 of 2O2O on the file of the Judge, Additional Family Court, Ranga Reddy District at L.B.Nagar seeking for divorce. 3.2 He further submitted that respondent No.1 filed M.C.No.29 of 2O2l on the file of the Judge, Family Court, Ranga Reddy District at L B'Nagar seeking maintenance. The above three cases are pending before the respective Courts in Ranga Reddy District at L.B.Nagar. Respondent No.1 approached this Court and filed Tr.C.M.p.Nos.43 I and 394 of 2022 seeking tralsfer of O.p.No.267 ol 2O2l from the file of the Judge, Family Court, Ranga Reddy District at L.B.Nagar and F.C.O.p. No.764 of 2O2Ofrom the Judge, Additional Family Court, Ranga Reddy District at L.B.Nagar to the Court ol Senior Civil Judge, Miryalguda, Nalgonda District. During pendency of the above said Transfer civil Misce,ancous Petitions' respondent No'1 fired DVC No. 14 0f 20230n the rire of the Principal Junior Civit Judge_cum_Judicial First Class Magistrate at Miryatguda against all the petitioners herein and this court dismissed the Transfer civil Misce,aneous petitions uide order dated 04.09 .2023 on the ground that respondent No. 1 ; ., is residing within the jurisdiction of L'B'Nagar' Hence' respondent No'l with an intention to harass the petitioners filed the above DVC No.14 of 2023 befor'e the Principal Junior Civil Judge-cum-Judicial First Class Magistrate at Miryalguda' Unless the above DVC is transferred to the Court of VI Additional Junior Civil Judge-cum-Judicial First Class Magistrate at L'B'Nagar' Ranga Reddy District' the petitioners will be put to great hardshiP.

4. Per contra, learned counsel appearing on behalf ol iespondent No' 1 vetremently contended that respondent No' l is residing with her Srandparents at Miryalguda Town and she has to travel from Miryalguda to Hyderabad' which is more than 130 K.Ms. trspecially the petitioner being a woman is not having any financial sourcr' If the matter is transferred from Miryalguda to Vl Additional Junior Civil Judge-cum-Judicial First Class Magistrate at L'B'Nagar' Ranga Reddy District' respondent No'1 ,,vill be put to great hardship' Hence prays to dismiss the present Transfer Criminal Petition'

5. Having considered the rival subrnissions made bY the he rnaterial available r<:spectir.'e parties and after pen'rsal of t on record, it reveals that petitioner No' 1 hled F.C.O.P'No'764 4 of 2O2O invoking the provrsions of Section 13 of the Hindu Marriage Act on the Frle of the Additional Family Cor-rrt, Ranga Reddy District at L.B.Nagar for dissolution of the marrirge and when the said F.C.O.p. is pending, respondent No.1 filed O.P. No.267 of 2O2t seeking restitution of conjugal rights. 6. The record further reveals that respondent No.1 also filed M,C.No.29 ol 2O2t on the file of the Family Court, Ranga Reddy District at L.B.Nagar seeking maintenance and the same is pending before the very sarne Family Court. The record a_lso reveals that respondent No.1 had approached this Court and fiied Tr.C.M.p.Nos.43 1 arld 394 of 2022 seeking transfer of O.p.No.26T of 2O2l from the lile of the Judge, Family Court, Ranga Redd,v District at L.B.Nagar and F.C.O.p. No.764 of 2O2O on the file of rhe Judge, Additional Family Court. Ranga Reddy Districr at L.B.Nagar to the Court of Senior Civil Judge, Miryalguda, Nalgonda District and this Court after considering respective parties, this Court dismissed 394 of 2022 uid.e common order dated the contentions of Lhc Tr.C.M.P.Nos.43 1 and

04.O9.2023.

7. The record furthcr reveals that even during pendency of the above Tr.C.M.ps., respondent No.1 filed DVC No.14 of 2023 on the ''@ t? t r.. i ; -i L It -, . I ,. &;, tlt{tr{1.t.'t r..1 r..1..,r.,. r..r .'r'' 5 I hle of the Principal Junior Civil Judge-cum-Judicial First Class Magistrate at Miryalguda invoking the provisions of the Domestic Viorence Act, 2005 claiming various'reliefs against the petitioners on 2O.O4.2O25 and the same was not brought to the notice of this Court either by the petitioner or by the respondent therein' Admittedly,theorderwhichwaspassedbythisCourtin Tr.C.M.P-Nos.43I and 394 of 2022 has become final and the parties should prosecute the proceedings before the concerned Courts at Ranga Reddy District at L'B'Nagar' In view of the pendency of the cases between the parties at Family Court and Additional Family Court, Ranga Reddy District at L'B'Nagar' this Court is o[ the considered view that DVC No' 14 of 2023 pending on the file of the Principal Junior Civil Judge-cum-Judicial First Class Magistrate at Miryalguda liable to be transferred to the Court of Vl Additional Junior Civil Judge-cum-Judicial First Class Magistrate, Ranga Reddy District at L'B'Nagar' lnsofar as the contention of the learned counsel for 8. respondent No. 1, respondent No' 1 is staying with her grandparents and she is not having €ury source of income' Taking intoconsiderationtheabovesaidfactsandcircumstances'DVC No.l4 ol 2023 on the file of the Principal -Junior Civil Judge-cum- 6 Judicial First class Magistrate at Miryarguda, is withdrawn ald tran sferred ro the Court ol VI Additional Junior Civil Judge_cum_ Judicial First Class Magistrate, Ranga Reddy District at L.B.Nagar and the presence of respondent No. 1 in DVC No. 14 of 2023 as well as petitioner Nos.2 to 4 is dispensed with, however, they have to appear before the concerned Court whenever their physical presence is required. petitioner No.l is directed to pay arr amount of Rs. 1,00O/_ whenever respondent No.l appeared in DVC No.l4 of 2023 towards her Travelling Allowance. 9 Accordingly, the Transfer Criminal petition is allowed. As a sequel, pending miscellaneous applications, if any, shall starrd closed. //TRUE COPY// To, SD/. MOHD.ISMAIL DEPUTY REGISTRAR I SECTION OFFICER Miryalaguda 'l' The Principar Junior civir Judge cum Judiciar First-crass Magistrate at 2 The Vr Additionar Junior civir Judge cum Judiciar First crass Magistrate at ^ L.B.Nagar, Ranga Reddy District 3' Two ccs to the Pubric frosecutor, High court for the state of rerangana at Hyderabad (OUT)

4. One CC to SRI GAJANAND CHAKRAVARTHI, Advocate [oPUC] 5. One CC to SRI RAPOLU BHASKAR, Advocate [OPUCI 6. Two CD Copies ADK/PSL W HIGH COURT DATED:19 t06t2O2S ORDER TRCRLP.No.96 of 2024 BrHc S,i ,c c i) (J 25 tlj8 zffi I I i * o r's ,< // ,-./ ALLOWING THE TRCRLP n rRCJt YY-,- <7;;2 d'