Smt.Yellabotna ,Choutapalli Sunita v. Mr.Yellaboina Mallikarjun

THE HON'BLE Dr.JUSTICE SHAMEEM AKTHER TRANSFER CIVIL MISCELLANEOUS PETITION No.63 of 2019 O R D E R:

This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, by the petitioner-wife, seeking a direction to transfer O.P.No.225 of 2018 from the file of the Senior Civil Judge, Peddapalli, Karimnagar District to the Court of Senior Civil Judge, Lakshtipet, Adilabad District. 2.

Heard the learned counsel for the petitioner-wife and perused the record.

Though notice is served on the respondent/ husband, the respondent did not choose to appear before this Court till date. The matter went on several adjournments. Under these circumstances, it is appropriate to dispose of this Transfer CMP on merits.

3.

Learned counsel for the transfer petitioner/ wife would submit that the respondent-husband filed a divorce O.p.No.225 of 2018, under Section 13 (ia) and (ib) of Hindu Marriage Act, 1955 and the same is pending before the Senior Civil Judge, Peddapalli of Karimnagar District. The petitioner/ wife resides at Dandepally Mandal, which is around 15 to 20 Kms away from Lakshtipet, Adilabad District where there is a Court of Senior Civil Judge, Lakshtipet, Adilabad and the said Court is convenient to her and ultimately prayed to allow the application as prayed for.

4.

The convenience of the petitioner/ wife is paramount consideration, Since the Court situated at Lakshtipet, Adilabad

district is convenient to the petitioner/ wife, the O.P.No.225 of 2018, pending on the file of Senior Civil Judge, Peddapalli, Karimnagar District is withdrawn and transferred to the Court of Senior Civil Judge, Lakshtipet, Adilabad District, for disposal in accordance with law.

5.

Accordingly, this Transfer Civil Miscellaneous Petition is allowed. Miscellaneous petitions, pending if any, shall stand closed. No costs.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dr .SHAMEEM AKTHER,J Date: 24.09.2019 grk