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2026 DAILYLAW 7521 (AP)

Annem Harika Alias Sunku Harika v. Annem Sitha Ramamma

TRCRLP/57/2026 · 2026-08-04

A Hari Haranadha Sarma

body2026

Judgment text

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1 AHHS,J Tr. CRL.P.No. 57 of 2026 Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010261682026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE 5th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANSFER CRIMINAL PETITION NO: 57 OF 2026 Between: 1. Annem Harika Alias Sunku Harika, W/o Annem Raja Sekhar Reddy, D/o Sunku Satyanarayana ReddyAged about 35 years. House Wife, R/o Flat no.202, 2 floor, AdithiBliss, Gunjur village, Varthur Hobli, Bangalore ...Petitioner AND 1. Annem Sitha Ramamma, W/o Pedda Satyanarayana Reddy, Aged 60 years. House WifeR/o Door no.2-11, Devatajugattu post, Sivapuram Village.Peddaraveedu Mandal, Prakasam District 2. Sunku Satyanarayana Reddy, Age about 65 years. Ayurvedic Doctor,C/o Nagarjuna Nursing Home, Station RoadDachepalli Post, Guntur District. 3. Sunku Kameswaramma, W/o SatyanarayanaReddy Aged about 55years, House WifeR/o H.No 10-379, Ward No 10, Station Road, NarayanapuramNadikudi Post, Guntur District -522414 2 AHHS,J Tr. CRL.P.No. 57 of 2026 4. Sunku Mruthunjeya Reddy, S/o Satyanarayana Reddy, Aged about 37 years. BusinessR/o H.No 10-379, Ward No 10, Station Road, NarayanapuramNadikudi Post, Guntur District-522414 5. Muthuna Parijatha Lakshmi, W/o Nagi Reddy, Aged about 39 years. House WifeR/o Fiat No 308, Jaya Residency -2, Medichal, Hyderabad-501401 6. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati ...Respondents Counsel for the Petitioner: ALAPATI LALITH NIKHIL Counsel for the Respondents: PUBLIC PROSECUTOR Counsel for the Respondents:CHALLA HRUDAY RAJ Counsel for the Respondents:TURAGA SAI SURYA The Court made the following order: 3 AHHS,J Tr. CRL.P.No. 57 of 2026 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANSFER CRIMINAL PETITION NO: 57 OF 2026 ORDER: 1. The respondent No.1 in D.V.C No. 35 of 2021 on the file of Additional Judicial Magistrate of I Class, Markapur, has filed present petition with a prayer to withdraw and transfer the said case from the file of Additional Judicial Magistrate of I Class, Markapur to the Court of Civil Judge (Junior Division), Gurazala or any competent Court at Gurazala, Palandu (erstwhile Guntur) District. 2. The petitioner herein is the daughter–in–law of the 1st respondent herein. The 1st respondent herein has initiated the D.V.C. Proceedings before the Additional Judicial Magistrate of I Class, Markapur. As per the averments and description of the petition in D.V.C. 35 of 2021, the mother-in-law has initiated D.V.C. Proceedings against her daughter-in-law and parents of her daughter-in-law. 3. The daughter-in-law is the petitioner herein and her parents and relatives are shown as respondents Nos. 2 to 5 herein (who are the respondents 2 to 5 in D.V.C.) 4. Heard the learned counsel for the petitioner Sri Alapati Lalith Nikhil, learned counsel for the respondent No.1 Sri T. Sai Surya and the learned counsel for the respondents Nos. 2 to 5 Sri Challa Hruday Raj. 4 AHHS,J Tr. CRL.P.No. 57 of 2026 5. The grounds urged by the petitioner, while seeking the transfer are : a. The D.V.C. Proceedings are initiated to harass the petitioner and her parents as counter blast to the complaint lodged by the petitioner u/s. 498-A I.P.C., which is under process before the Court at Gurazala. b. The petitioner had never been at Markapur and there is no domestic relationship with the 1st respondent (Petitioner in D.V.C. No. 35 of 2021). As such, there is no cause of action for invoking the provisions under Domestic Violence Act. c. The petitioner is prosecuting her litigation at Gurazala and the respondent Nos. 2 to 5 in D.V.C. proceedings are also hail from Guntur District. It will be inconvenient for the petitioner to travel to Markapur for attending the Court at Markapur. 6. The objections of the respondent’s side are: a. The petitioner in D.V.C. proceedings is mother-in-law of the petitioner herein and is aged about 60 years and she is in a condition that unable to move to the Court at Gurazala and the pendency at Gurazala cannot be the sole ground for transfer of the case. 7. The respondents Nos. 2 to 5 herein, being the parents and the relatives of the petitioner, have supported the prayer for transfer of D.V.C. Proceedings from Markapur to Gurazala. 5 AHHS,J Tr. CRL.P.No. 57 of 2026 8. Upon considering ; a. the nature of litigation between the parties, b. The stage of the case as the matter is coming up for cross- examination of the petitioner. c. The age of the petitioner in D.V.C that she is aged about 60 years. d. The addresses of the respondents shown in the D.V.C. Proceedings as well as in the present transfer petition, Without offering any opinion legal aspects raised across the Bar as to the maintainability of D.V.C., this Court finds it is proper to transfer the case from the Hon’ble Additional Judicial Magistrate of I Class, Markapur to the Court of Additional Civil Judge (Junior Division), Gurazala, while balancing the interest of both parties to a reasonable extent. 9. For the above stated reasons, this petition is allowed as follows: i. The proceedings before the Hon’ble Additional Judicial Magistrate of I Class, Markapur shall be continued till the conclusion of evidence of the petitioner in D.V.C. viz., Annem Sitha Ramamma. The learned Additional Judicial Magistrate of I Class, Markapur shall conclude the evidence of the petitioner within a period of two (02) months from the date of receipt of a copy of this order. 6 AHHS,J Tr. CRL.P.No. 57 of 2026 ii. After completing the evidence of the petitioner (Chief Examination and Cross Examination of Annem Sitha Ramamma), the learned Additional Judicial Magistrate of I Class, Markapur shall cause the transmission of the case in D.V.C. No. 35 of 2021, duly indexed to the Court of Additional Civil Judge (Junior Division), Gurazala. iii. The learned Additional Civil Judge (Junior Division), Gurazala shall proceed with the case in D.V.C. No. 35 of 2021, from that stage and all the further proceedings shall be continued in accordance with law, by providing fair opportunity to both parties. iv. Both parties shall cooperate with the Court for expeditious disposal of the said case. v. The learned Additional Civil Judge (Junior Division), Gurazala is requested to decide the case in D.V.C. No. 35 of 2021 as early as possible, preferably, within one (01) year. 10. Accordingly, the Transfer Criminal Petition is allowed. No costs. Consequently, miscellaneous applications pending, if any, shall stand closed. _______________________________________ SRI JUSTICE A. HARI HARANADHA SARMA,J Dated 05.08.2026 JAK Whether the order is : 7 AHHS,J Tr. CRL.P.No. 57 of 2026 Speaking: Yes Reasoned : Yes Reportable: No Non-Reportable: Yes 82 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA TRANS. CRIMINAL PETITION NOs: 57 of 2026 Dated:05.08.2026. JAK 8 AHHS,J Tr. CRL.P.No. 57 of 2026