Citation : 2026 Latest Caselaw 366 Tel
Judgement Date : 6 April, 2026
IN THE COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SMT. JUSTICE RENUKA YARA
TRANSFER CIVIL MISCELLANEOUS PETITION NO.530 of 2024
6TH DAY OF APRIL, 2026
Between:
Sharvani Kiran @ Pragna Singh Thakur
...Petitioner
and
Bondhili Akhil Singh
...Respondent
ORDER:
Heard Mrs. Priya Iyengar, learned counsel for the
petitioner and none appeared for the respondent. Perused the
record.
2. The Transfer CMP is filed under Section 24 of Civil
Procedure Code by the petitioner-wife seeking transfer of HMOP
No.129 of 2024 filed by the respondent-husband from the file of
the learned Senior Civil Court, Mahabubnagar to the Family
Court at Ranga Reddy District at L.B.Nagar.
3. The petitioner pleaded that she got married to the
respondent on 19.02.2024 as per Hindu rites and customs at ::2::
Badangpet, Hyderabad. After marriage, the couple visited
Tirumala Tirupati Devasthanam and thereafter, there was
mental and physical harassment for additional dowry. The
petitioner informed the respondent that her parents are not in a
position to give additional dowry, as the marriage itself was
performed by taking loans. Thereafter, the harassment
increased. In a span of one month, the petitioner, due to
harassment, left the society of the respondent and went to her
parents' house. In May 2024, without intimation, the
respondent created huge nuisance and disturbance threatening
her family members with dire consequences. The respondent
harassed the petitioner by contacting her friends through
various social media platforms. On 31.05.2024, the respondent
created ruckus near the workplace of the petitioner, due to
which, her HR Team had to hand him over to the police. On
11.08.2024, on the pretext of reconciliation, when the relatives
met, the family members of the respondent have beaten the
family members of the petitioner leading to filing of a criminal
case in FIR No.952 of 2024 on 16.08.2024. The respondent
filed HMOP No.129 of 2024 under Section 9 of Hindu Marriage
Act for restitution of conjugal rights. Due to the constant abuse, ::3::
humiliation and physical assaults from the respondent and his
family, the petitioner apprehends threat to her life and limb and
therefore, unwilling to travel to Mahabubnagar to appear before
the court. Hence, filed transfer petition.
4. The respondent opposed the transfer by filing written
counter, denying the allegations made by the petitioner. With
reference to the petitioner leaving the matrimonial house within
a period of one month, the respondent pleaded that there was
no demand for dowry ever and the petitioner who is a resident
of Hyderabad is unable to live in the town environment of
Mahbubnagar and therefore, demanded that the respondent
shall live separately in Hyderabad by leaving his parents in
Mahbubnagar town. The respondent compromised and has
rented a double bedroom flat in Hyderabad in April, 2024, but
the petitioner went to her parents' house in Hyderabad and
never returned back. The respondent pleaded that the
petitioner is accustomed to individual and independent life
being pampered by her parents and is habituated to city life
and therefore, she left the respondent, though there were no
disputes. The respondent denied causing harassment through
social media platforms. When the petitioner's parents ::4::
obstructed contact between the petitioner and the respondent,
the respondent tried to reach the petitioner through common
friends through various social media platforms. With respect to
the ruckus that took place in the reconciliation meeting
between the members of both the families, according to
respondent, it is the petitioner's father who provoked the family
members of the respondent by abusing them in mean language
and escalated the incident. With respect to the respondent
creating an unpleasant situation at the workplace of the
petitioner, it is pleaded that since there was no means to meet
the petitioner on account of her being blocked by her parents,
the respondent made an attempt to meet her at her workplace
by waiting for hours without causing slightest problem.
However, the petitioner under the false pretext of causing
inconvenience informed the matter to Jubilee Hills Police
Station. The Police Jubilee Hills have left the respondent after
thorough enquiry, after finding that there was no fault on his
part. The police have been calling the respondent and his family
members for counseling. The respondent is attending the same,
but the petitioner and her family members never appeared
before the Police Station and the same is evident from records.
::5::
The respondent pleaded that he has rightly filed
H.M.O.P.No.129 of 2024 for restitution of conjugal rights and
denied threat to life being the cause for petitioner's inability to
travel to Mahbubnagar. It is pleaded that the same is a
concocted story aimed at creating sympathy for transfer. The
respondent's case is that the petitioner harassed him to dessert
his old-aged parents and therefore, filed the present Tr.C.M.P.
Lastly, the respondent pleaded that the petitioner stayed with
him for only 15 days from the date of marriage before leaving.
Further, the petitioner is a dental surgeon earning handsome
amount and she can attend the proceedings in the H.M.O.P. at
Senior Civil Judge Court, Mahabubnagar, as such opposed the
transfer.
5. Having regard to the rival versions presented, this Court
in the present Tr.C.M.P. proceedings cannot venture into
whether the petitioner is right in her allegations about the
respondent and his family members harassing her and her
family members for additional money or the petitioner has
harassed the respondent to leave his old-aged parents and to
shift to Hyderabad, as she is accustomed to city life. The said
facts cannot be looked into in the present transfer proceedings.
::6::
6. The only facts that can be looked into at this stage are
grounds for transfer. For said purpose, the petitioner pleaded
that there is constant threat from the respondent and his family
members and the same is evident from the conduct of the
respondent and his family members on 16.08.2024 in a meeting
between both the family members meant for solving the
disputes between the couple. In said meeting at a temple, the
respondent has beaten the petitioner and the family members
of respondent have beaten the mother and father of the
petitioner. In that context, FIR No. 952 of 2024 has been
lodged. This incident is also acknowledged by the respondent,
wherein he claims that there was provocative words on the part
of the petitioner's father, which led to escalation. There is no
denial of the fact that the petitioner and her mother were
beaten up by the family members of the respondent. Verbal
provocation cannot be a reason to physically assault the
petitioner or her mother, and the same is not justifiable for any
excuse that may be cited by the respondent. Since there is
prima facie case of physical abuse of the petitioner and her
family members by the respondent, there is ground for the
petitioner to apprehend threat to her life and limb. Therefore, ::7::
though the petitioner is an educated lady, a dentist, practicing
with handsome income, this Court is of the opinion that the
H.M.O.P. needs to be transferred to the Family Court at
L.B.Nagar, to give fair opportunity and safe environment for the
petitioner to defend the H.M.O.P.
7. In view of the foregoing discussion, the petitioner is
entitled to the relief sought for.
8. In the result, the Tr.C.M.P. is allowed and the
H.M.O.P.No.129 of 2024 pending on the file of the learned
Senior Civil Judge Court, Mahabubnagar, is withdrawn and
transferred to the file of the learned Family Court, Ranga Reddy
District at L.B.Nagar. The Court concerned shall transfer the
entire case record duly indexed within one month from the date
of receipt of copy of this order. There shall be no order as to
costs. Miscellaneous applications, if any, pending shall stand
closed.
____________________ RENUKA YARA, J Dt. 06.04.2026 gvl/gvr
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