K.Arun Kumar v. K.Hemalatha

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER TRANSFER CRI MI NAL PETI TI ON No.2 7 6 OF 2 0 1 8 ORDER:

This Criminal Petition, under Section 407 of the Code of Criminal Procedure, 1973, is filed by the petitioner/ husband seeking to withdraw D.V.C.No.22 of 2018 from the file of Additional Judicial Magistrate of First Class, Sangareddy, and transfer the same to the file of Judicial Magistrate of First Class, Vikarabad.

2.

Heard learned counsel for the petitioner/ husband, learned counsel for respondent No.1/ wife and the learned Additional Public Prosecutor representing respondent No.7/ State. Perused the record.

3.

Learned counsel for the petitioner/ husband would submit that the place at Vikarabad is convenient to both the parties; that a criminal case instituted by respondent No.1/ wife against the petitioner/ husband and others is also pending at Vikarabad and ultimately, prayed to allow the petition. 4.

Learned counsel for respondent No.1/ wife would contend that respondent No.1/ wife and her witnesses are residing at Sangareddy and the place at Sangareddy is convenient to them; that the place at Sangareddy is not expensive to respondent No.1/ wife to conduct the case and ultimately, prayed to dismiss the petition.

5.

The remedy provided to the wife as envisaged under the Protection of Women from Domestic Violence Act, 2005, is expeditious and hassle free. In view of the submissions made on behalf of respondent No.1/ wife, there are no grounds to allow the petition.

6.

Accordingly, the Transfer Criminal Petition is dismissed. Miscellaneous Petitions, if any, pending in this Transfer Criminal Petition shall stand closed.

______________________ Dr . SHAMEEM AKTHER, J March 06, 2019.

MD