Yerrabolu Lakshmi v. Yerrabolu Venkata Vijaya Kumar

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY Tr.CMP.No.623 OF 2015 ORDER :

This transfer petition is filed to withdraw FCOP No.322 of 2012 on the file of the Judge, Family Court, Nellore and transfer the same to the Court of Senior Civil Judge, Tanuku, West Dodavari District.

It is the case of the petitioner that her marriage with the respondent was solemnized on 10.08.2006 and they were blessed with a child named Rishitha out of their wedlock. The respondent started harassing the petitioner after one week of the marriage both physically and mentally for getting additional dowry. Ultimately, respondent necked out the petitioner from the matrimonial house on 30.12.2009. Vexed with the attitude of the respondent, she lodged a criminal complaint and same was registered as C.C.No.733 of 2010 on the file of the X Metropolitan Magistrate at Malkajgiri, Cyberabad. Petitioner also filed M.C.No.36 of 2014 on the file of the Judicial Magistrate of First Class at Tanuku, West Godavari District, seeking maintenance to her and her minor daughter. The respondent filed FCOP No.

322 of 2012 on the file of Judge, Family Court, Nellore, seeking dissolution of his marriage with the petitioner. Petitioner received notices in the month of September, 2015 and she was directed appear in the case on 01.10.2015. Petitioner is residing with her parents at Tanuku and it is difficult her to attend the Court at Nellore from Tanuku, West Godavari District along with her minor child, which is more than 500 kms. Petitioner has no male assistance besides financial assistance. The parents of the petitioner are senior citizens and they cannot travel along with petitioner.

Though notice is ordered and served on the respondent, there is no appearance and no counter affidavit is filed by the respondent. Heard learned counsel for the petitioner.

Since the averments made in the affidavit are not rebutted and there is no opposition from the respondent and in view of the facts and circumstances referred above, I am of the opinion that FCOP No.322 of 2012 on the file of the Judge, Family Court, Nellore, is liable to be transferred to the Court of Senior Civil Judge, Tanuku, West Dodavari District.

Accordingly, the Tr.CMP is allowed. No costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ____________________________ A.RAJASHEKER REDDY, J 16.11.2015 kvs HON'BLE SRI JUSTICE A.RAJASHEKER REDDY

Tr.CMP.No.623 OF 2015 Date: 16.11.2015

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