High Court · 2025

Sri.Panugoth Praveen,, S/o Panugoth Rupla, Aged about 32 years , Occ. Sub- lnspector CISF, R/o H.No.6-54/1 , Thakkellapahad Thanda, Miryalaguda Mandal, Nalgonda District, Telangana State-508 217. ...RES'ONDENT Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to Transfer H.M.O.P.NO. 14712023 from the Senior Civil Judge, at Miryalguda, Nalgonda District, to the Senior Civil Judge, at Suryapet, Suryapet District. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings including appearance of the petitioner in H.M.O.P.NO. 14712023 on the file of Senior Civil Judge, at Miryalguda, Nalgonda District, pending disposal of the TR.C.M.P. Counsel for the Petitioner : SRl. P.VENKANNA Counsel for the Respondent : SRI G.SUNDARESAN The Court made the following: ORDER 7 HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY Tr.C.M.P. No.472 of 2O24 ORDER: This l'ransfer Civil Miscellaneous Peti ion is filed seeking trans;fer of H.M.O.P. No.147 of 2023 frr m the hle of Senior Civil judge at Miryalaguda to the Court cI Senior Civil Judge, at Suryapet.

2. Heard Sri P. Venkanna, learned cour rsel for the petitioner and Sri G. Sundaresan, leamed cor nsel for the respondent.

3. The brief facts leading to frling of the prr sent Tr.C.M.p. are that the marriage of the petitioner and ri:spondent was solemnized on 15.06.2022 at Kanakadurga F.rnction Hall, Thallagadda locality of Miryalguda Town ald Naigonda District as per the customs and traditions prevailing in Hindu religion and that oul soon after the marriage, tlle pe titioner joined matrimonial company of respondent and th€ t out of the wedlock, they are not blessed with children. It s averred that the responder:Lt and his family members subjectec the petitioner to cruelt5r mer-rtally and physically for want of adCitional dowry and finally she was necked out from the matrim tnial house of -\ ./ LNA, J Tr.CMP.N1.472 of2024 2 the respondent and presently she is staying with her parents at Suryapet. It is further averred that the respondent is working as constable in CISF, managed the civil police. The respondent 'Irled H.M.O.P. l4Z of 2023 before the Senior Civil Judge at Miryalguda seeking divorce from the petitioner. The respondent is threatening the petitioner for getting mutual divorce forcefully and she is having life threat in the hands of respondent and his family members and as such, the petitioner cannot attend the each and every adjournment at Miryalguda and prayed to transfer the H.M.O.P. No. 147 of 2023 to the Senior Civil Judge Court at Suryapet.

4. The respondent hled counter admitting the marriage and also filing of H.M.O.P. No. 147 of 2023 before the Senior Civil Court at Miryalguda and, however denied the allegations including harassment and all the allegations made in the petition are false and further contended that a police complaint was lodged against the respondent before the Station House Offrcer, Suryapet Town pS ald at the instance of petitioner and her parents started harassing the respondent and the police summed his parents to police station and threatened them to settle the matter with the petitioner. It is further contended \ -"t' LNA, J 'rr CMP.No.172 of 2024 3 that the resg>ondent hled W.P. No. 29960 of 2')23 before this Court againr;t the action of the poiice in i rterfering with matrimonial ,Cisputes. This Court disposed of tlre said W.P. on

20.1O.2023 directing the police to follow the procedure contemplated under Section 41-A of Cr.P.C. and guidelines of Arnesh Kumzrr. It is further contended that thr: respondent is working at New Delhi Airport, as such the allegat.on that he was threatening tlre petitioner for getting mutual divc rce is false and prayed to dis;niss the application.

5. Learned counsel for the petitioner would submit that the respondent being an officer in CISF, threateninll the petitioner for mutual divorce and there is life threat to the petitioner and therefore, the application deserved to be allowed

6. Learned counsel for the respondent would riubmit that the matter is corning up for cross-examination of petitioner ald petitioner is being represented by his counsel and he is not regulariy attending the Court in view of his ofhcia I duties at New Delhi Airport and he is being represented by h s counsel and only where his presence is necessarSr he is appee ring before the Court and przryed to dismiss the petition. ) ) LNA. J Tr.CMP.No.472 o12024 4

7. This Court considered the submissions made by learned counsel for bottr the parties. perused the material available on record.

8. The record discloses that except saying that the respondent is threatening the petitioner and that to give consent for mutual divorce and tl,rere is life threat to the petitioner, no other grounds are agitated. Moreover, the distance between Miryalguda to Suryapet is 3g Kilometers only.

9. Taking into consideration of the contentions of both sides and the material available on record, in considered opinion of this Court, the petitioner failed to make -out a case to transfer the H.O.M.P. No. 147 of 2023 from Senior Civil Judge Court, Miryalguda to the court of the Senior civil Judge court, Suryapet. Moreover, admittedly the respondent is working as Constable in CISF at New Delhi Airport, as such the allegation of the petitioner that the respondent is threatening the petitioner for mutual consent so as to enable the respondent to contract 2"d marriage, cannot be believed. However, considering the facts and circumstances of the case, the respondent is direc(qd to pay the transport and other expenses actuaJly I LNA, J T .CMP.No.472 of2024 5 incurred by the petitioner as and when the petit oner appears before the Senior Civil Judge Court, Miryalguda tiit the disposal of H.O.M.P. No. 147 of 2023.

10. With the above directions, the Transfer CVP No. 472 of 2024 is dismis;sed. However, there shall be no order as to costs. Pending miscellaneous applications, if any, ;hall stand closed. AN 1r \ SD/-M.NAGAMANI qTANT REGISTRAR SECTION OFFICER oi\ ri :t ,/TRUE COPY// To,

1. The Senior Civil Judge, at Miryalguda' Nalgonda ,. o;:,bt'i; sii'i.Ve-nj.anna , Ad'Tocate (oi99l. 5. 6;; 6c i; s;i t; Sundaresan Advocate (oPUC) 4. Two CD CoPies Ks/PSL w I 1 /,-.- 20 itP ?t175 HIGH COURT DATED:1 910612025 ORDER TR.C.M.P .No.47 2 ot 2024 Dismissing the Tr.C.M.P. Without costs. Jrr a"Y* <o- '