Mrs. N.Archana v. Mr.Ponnam Srinivasa Rao

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA Tr.C.M.P.No.346 OF 2016 ORDER:

The present transfer petition, under Section 24 of the Code of Civil Procedure, 1908, is filed seeking to withdraw H.M.O.P.No.77 of 2015 from the file of learned Senior Civil Judge, Sattenapalli, and transfer the same to the file of learned Judge, Family Court, Secunderabad.

2. Heard Sri A.P. Reddy, learned counsel for the petitioner, and Sri B. Ravinder Reddy, learned counsel for the respondent.

3. The petitioner - wife is requesting to withdraw and transfer the said H.M.O.P., since, she puts up at Neredmet, Secunderabad, on the main grounds that she has no means to travel to Sattenapalli; that she has a minor daughter studying VII Class at Neredmet and to look after her old age parents, aged 65 and 60 years, respectively; that it is difficult for her to travel 400 KMs. from Secunderabad to Sattenapalli alone leaving her daughter and old aged parents; that she has no male assistance, except her father; and that she has been in dire straits, according to the learned counsel for petitioner.

4. Per contra, learned counsel for the respondent would submit that the respondent resides at Sattenapalli, where the said H.M.O.P. was filed for grant of divorce, but now he has settled down at Guntur;

that he studied only X Class and not employed and that it is difficult for him to travel to Secunderabad.

5. When, kept in view, the reasons, basing on which the present request is made, certainly, it is difficult for the petitioner to travel 400 KMs. from Secunderabad to Sattenapalli, leaving her minor daughter and old aged parents and without any male assistance.

6. Therefore, the present transfer petition is allowed. Consequently, H.M.O.P.No.77 of 2015 pending on the file of learned Senior Civil Judge, Sattenapalli, is withdrawn and transferred to the file of Judge, Family Court, Secunderabad. The transferee Court shall issue notices to the parties on receipt of the case bundle and dispose of the O.P. in accordance with law.

Miscellaneous Petitions, if any, pending in this transfer petition shall stand closed. There shall be no order as to costs. ___________________________ A. SHANKAR NARAYANA, J April 13, 2018.

MD