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High Court for State of TelanganaTRCMP/357/2016ordered

M.Sunitha, v. M.Naga Raju Chowdary.

2016-08-04S.Ravi Kumar3 pages

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.357 of 2016 ORDER:

This petition is filed to withdraw O.P.No.22 of 2015 from the file of Senior Civil Judge, Dharmavaram, Ananthapur District, and transfer the same to Family Court, Kurnool.

2. Wife filed this petition. According to her affidavit, her marriage with respondent was performed on 06.08.2009 at TTD Kalyanamandapam, Pathikonda, Kurnool District and she joined respondent at Dharmavaram for marital life. She stated that during their wedlock they are blessed with a female child on 07.06.2010 and they lived happily for one year and thereafter respondent and his parents started harassing her for additional dowry and that she was driven out from the house and having no other go, she is now residing at her parents house. She stated that respondent filed O.P.No.22 of 2015 for divorce with all false allegations. She stated that distance between her native place and Dharmavaram is more than 150 kms. and that there is no direct bus and she has to change three buses to go to Dharmavaram from her native place Ramachandrapuram, Pattikonda Mandal. She stated that her daughter is aged about six years and for her education, her presence is necessary to look after the welfare of the child. She stated that she filed D.V.C.No.32

of 2016 before Special Judicial First Class Magistrate for Prohibition and Excise, Kurnool, and that she is not an employee and fully dependent on her parents and not able to meet the expenses, for these reasons she prayed for transfer of O.P.No.22 of 2015 from Senior Civil Judge, Dharmavaram, to Family Court, Kurnool.

3. This Court permitted petitioner to take personal notice to respondent through registered post and in compliance of the said order advocate for petitioner filed memo dated 22.06.2016.

4. Heard arguments.

5. Advocate for petitioner submitted that notice sent to respondent was duly served on respondent and postal acknowledgment and copy of notice dated 21.06.2016 is filed along with memo. '

6. In spite of service of notice respondent neither appeared in person nor through any advocate.

7. Considering the reasons stated in the affidavit filed in support of petition and also considering the convenience of wife, O.P.No.22 of 2015 is withdrawn from Senior Civil Judge, Dharmavaram, Ananthapur District, and transferred to Family Court, Kurnool, for disposal in accordance with law.

8. Accordingly, transfer C.M.P. is ordered.

9. Miscellaneous petitions pending, if any, shall stand closed.

__________________

S. RAVI KUMAR, J 4th August 2016.

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