S.Balachandra Nagendra Rao v. Smt.S.Bharathi

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.530 of 2016 ORDER:

This petition is filed to withdraw I.A.No.425 of 2016 in O.P.No.18 of 1998 from the file of II-Additional Senior Civil Judge, Ranga Reddy at L.B.Nagar, and transfer the same to XVI-Additional District and Sessions Judge-cum-Additional Family Court, Malkajgiri, Ranga Reddy.

2.

Husband filed this petition. According to his affidavit, he filed O.P.No.18 of 1998 before II-Additional Senior Civil Judge, Ranga Reddy, under Section 10 of Hindu Marriage Act and said O.P. was decreed by order dated 31.12.2001 by granting judicial separation and also directing husband to pay Rs.3,000/- per month as maintenance to respondent-wife and two children. He stated that wife filed C.M.A.No.1528 of 2002 before this Court and said C.M.A. ended in a compromise, wherein he agreed to pay the double maintenance i.e., Rs.6,000/- and C.M.A. is disposed of in view of settlement and thereafter as the children attained majority, petitioner filed I.A.No.425 of 2016 in O.P.No.18 of 1998 for modification of the orders. He further stated that wife filed O.P.No.6 of 2016 before XVI-Additional District and Sessions Judge-cum-Additional Family Court, Malkajgiri, Ranga Reddy, seeking divorce and both the matters have to be tried by one Court, therefore, he prayed for transfer of I.A.No.426 of 2016 in O.P.No.18 of 1998 from II-Additional Senior Civil Judge, Ranga

Reddy at L.B.Nagar, to XVI-Additional District and Sessions Judgecum-Additional Family Court, Malkajgiri, Ranga Reddy. 3.

This Court permitted petitioner to take personal notice on respondent and in compliance of the said order, advocate for petitioner filed memo dated 30.08.2016 stating that notice sent to respondent is duly served and filed postal acknowledgment along with memo. In spite of service, respondent neither appeared in person nor through any advocate.

4.

Considering the reasons stated in the affidavit filed in support of petition, I.A.No.425 of 2016 in O.P.No.18 of 1998 is withdrawn from II-Additional Senior Civil Judge, Ranga Reddy at L.B.Nagar, and transferred to XVI-Additional District and Sessions Judge-cumAdditional Family Court, Malkajgiri, Ranga Reddy 5.

Transfer C.M.P. is ordered accordingly.

6.

Miscellaneous petitions pending, if any, shall stand closed. __________________ S. RAVI KUMAR, J 7th September 2016.

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