Telangana High Court
Rajshekhar Yalakki vs The State Of Telangana on 1 October, 2024
Author: Juvvadi Sridevi
Bench: Juvvadi Sridevi
THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
TRANSFER CRIMINAL PETITION No.2 of 2024
ORDER:
Petitioner has filed this petition seeking to transfer M.C.No.3 of
2023 from the Family Court at Sanga Reddy to the Family Court,
Ranga Reddy District at L.B.Nagar.
2. Heard Sri K.Pradeep Reddy, learned counsel for petitioner,
learned Additional Public Prosecutor appearing for respondent No.1-
State and Sri Venkat Rao Patil, learned counsel appearing for the 2nd
respondent and perused the record.
3. It is stated in the petition that the 2nd respondent is the legally
wedded wife of petitioner and their marriage was performed on
07.07.2003. Due to differences between them, the petitioner herein
has filed F.C.O.P.No.184 of 2014 before the Family Court, Ranga
Reddy District at L.B.Nagar seeking dissolution of marriage. The 2nd
respondent has filed Transfer C.M.P.No.343 of 2022 before this Court
seeking to transfer the said FCOP to the Family Court at Sanga Reddy
and obtained positive orders on 23.01.2023 without serving any
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notice on the petitioner herein. On coming to know of such transfer,
the petitioner herein has filed a review petition in I.A.No.2 of 2023 in
Transfer C.M.P.No.343 of 2022 seeking to review the order, dated
23.01.2023, upon which, the said transfer order was recalled.
However, meanwhile the said FCOP was transferred to the Court at
Sanga Reddy and re-numbered as F.C.O.P.No.6 of 2023 and it was
dismissed for non-prosecution by order, dated 31.07.2023 as the
petitioner herein does not know about such transfer. Subsequently,
the petitioner has filed I.A.No.988 of 2023 seeking to set aside the
order, dated 31.07.2023 along with an application for condonation of
delay.
4. While so, the 2nd respondent has filed M.C.No.3 of 2023 before
the Family Court at Sanga Reddy seeking maintenance. It is further
stated that the 2nd respondent has also lodged a complaint before the
Central Crime Station, Hyderabad on 12.07.2012 against the
petitioner for the offences under Sections 498-A and 406 of IPC and
Sections 3 and 6 of Dowry Prohibition Act and the same was
registered as Cr.No.264 of 2013. Further, the 2nd respondent has filed
D.V.C.No.163 of 2013 on 12.09.2013 before the III Metropolitan
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Magistrate, Hyderabad. It is stated that in the aforesaid DVC as well
as in the complaint before the Police, the 2nd respondent has shown
her address at Saifabad, Hyderabad. In F.C.O.P.No.184 of 2014 also,
the 2nd respondent has filed counter mentioning her address as
resident of Hyderabad. Further, in the Interlocutory Application filed
in the said FCOP also, she has mentioned her address at
Vanasthalipuram, Ranga Reddy District. Thus, it is stated in the
petition that by suppressing all the above facts, the petitioner has filed
M.C.No.3 of 2023 before the Family Court at Sanga Reddy only to
harass him. Accordingly, he prays to transfer the said Maintenance
Case from Sanga Reddy to the Family Court at Ranga Reddy District
at L.B.Nagar.
5. The 2nd respondent has filed counter affidavit opposing the
petition. It is stated in the counter affidavit that the petitioner herein
has not come to the Court with clean hands as he has shown his
residential address to be at Karnataka State in the writ petition filed
before the Karnataka High Court for renewal of his passport, whereas,
in the present petition, he has shown his address to be at Hyderabad.
It is stated that due to the harassment meted out in the hands of
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petitioner, the 2nd respondent is presently residing at Sanga Reddy for
getting spiritual knowledge at a Matadhipathi and hence, she has filed
the Maintenance Case at Family Court, Sanga Reddy.
6. It is also stated in the counter affidavit that the wife's
convenience is to be taken into consideration in matters of
transferring the matrimonial cases. In the counter affidavit, the
pendency of F.C.O.P.No.184 of 2014 before the Family Court, Ranga
Reddy at L.B.Nagar is admitted. For showing her address at
Hyderabad in the criminal complaint as well as in the DVC filed by
her, it is stated that at that time, she was staying at the said address
which is the house of her elder sister. It is further stated that she will
be staying with her parents at Bidar which is 180 Kms away from
L.B.Nagar, and therefore, it will be convenient for her to attend the
Family Court at Sanga Reddy which is at a distance of 60 Kms from
Bidar. Accordingly, it is prayed that the petition be dismissed.
7. The facts of the case from the petition as well as the counter
affidavit filed by the 2nd respondent are that initially, the petitioner
herein has filed F.C.O.P.No.184 of 2014 before the Family Court at
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Ranga Reddy District. The petition filed by the 2nd respondent in
Transfer C.M.P.No.343 of 2022 seeking to transfer the said O.P. from
the Ranga Reddy District Court to the Family Court at Sanga Reddy,
though was allowed initially by order, dated 23.01.2023, on review
being filed by the petitioner, it was restored and was ultimately
dismissed by order, dated 01.08.2024, holding that the 2nd respondent
herein is the resident of Hyderabad and there is no sufficient reason to
transfer the said OP from L.B.Nagar to Sanga Reddy.
8. It is further to be seen that in the complaint in Crime No.264 of
2013 lodged by the 2nd respondent herein, as well as in D.V.C.No.163
of 2013 filed by her before the III Metropolitan Magistrate Court at
Hyderabad, she has shown her residential address to be at Hyderabad,
however, it is stated in the counter affidavit that she resided at the said
address for a temporary period, which was her elder sister's house.
However, now, the 2nd respondent has filed M.C.No.3 of 2023 before
the Family Court at Sanga Reddy stating that she is under spiritual
guidance at Matadhipathi there. The learned counsel for the 2nd
respondent, in support of his contentions, has relied on the judgments
of Hon'ble Supreme Court in Darshan Kumari (SMT) v. Surinder
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Kumar 1 and in Jagir Kour v. Jaswant Singh2. In these two
judgments, it is held that even a temporary residence, so long as it is
not casual, is sufficient to confer jurisdiction on the Magistrate at that
place or of the District. There is no quarrel with regard to the
aforesaid preposition, however, those judgments are not applicable to
the facts of the present case, as the petitioner herein is not contending
that the Family Court at Sanga Reddy is not having jurisdiction to try
the Maintenance Case filed by the 2nd respondent. He is seeking to
transfer it to the Court at L.B.Nagar only on the ground that the
FCOP, the DVC and also the crime registered against him by the 2nd
respondent, all are pending at Hyderabad and it would be convenient
to the Courts as well as to the parties if all these family matters are
tried together at Hyderabad. The intention of the parties seeking
transfer of cases from one Court to another Court is to be looked
while deciding such matters. Since all the other matters, except the
Maintenance Case filed by the 2nd respondent, are pending before the
Courts at Hyderabad, this Court finds force in the contention of the
1995 (4) SCC 137
1963 LawSuit (SC) 31
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petitioner seeking transfer of M.C.No.3 of 2023 from the Court at
Sanga Reddy to the Court at Ranga Reddy District at L.B.Nagar.
9. Further, it is to be seen that the earlier transfer petition filed by
the 2nd respondent herein in Transfer C.M.P.No.343 of 2022 seeking
to transfer F.C.O.P.No.184 of 2014 from Family Court, Ranga Reddy
District at L.B.Nagar to the Family Court at Sanga Reddy was
dismissed with a finding that the 2nd respondent herein is resident of
Hyderabad. Thus, the fact remains that FCOP between the parties
stands pending at Ranga Reddy District and the 2nd respondent, in any
way, has to attend the proceedings at Ranga Reddy District Court.
Thus, this Court is of the considered opinion that it will be in the
interest of the parties that the Maintenance Case filed by the 2nd
respondent at Sanga Reddy be transferred to the Court at Ranga
Reddy District.
10. Accordingly, this petition is allowed, withdrawing M.C.No.3 of
2023 from the file of Family Court at Sanga Reddy, transferring it to
the Family Court, Ranga Reddy District at L.B.Nagar. The entire
case records in the above Maintenance Case shall forthwith be
transferred to the transferee Court with due indexing. On records
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being received, the transferee Court shall proceed with the matter
after issuing notices to both the parties.
Pending miscellaneous applications, if any, shall stand closed.
____________________
JUVVADI SRIDEVI, J
Date:01.10.2024
Ksk
