Anita Prabhu v. Sri P. Prabhu
HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P. No. 302 of 2016 ORDER:
This petition is filed to transfer O.P.No.927 of 2011 from the file of Family Court, Visakhapatnam, to XVI Additional District Judge-cum-III Additional Family Court at Malkajgiri, Ranga Reddy.
2. Wife filed this petition. According to her affidavit, her marriage with respondent was performed on 29.12.2002 at Hyderabad and due to harassment she is living separately and she filed M.C.No.179 of 2013 before Family Court, Ranga Reddy and as respondent failed to pay the maintenance granted, she was constrained to file M.P.No.376 of 2014, which was transferred to XVI Additional District Judge-cum-III Additional Family Court at Malkajgiri, Ranga Reddy.
She stated that she filed D.V.C.No.7 of 2014 before XX Metropolitan Magistrate, Cyberabad at Malkajgiri and also filed C.C.No.187 of 2015 pending before the same court i.e., XX Metropolitan Magistrate, Cyberabad at Malkajgiri. She stated that for all these cases respondent is appearing. She further stated that it is difficult for her to travel from Hyderabad to Visakhapatnam with two children and that she is not in a position to meet the travelling expenses. She stated that she has no shelter at Visakhapatnam to stay there, for these reasons, she prayed for transfer of O.P.No.927 of
from Visakhapatnam to XVI Additional District Judge-cum-III Additional Family Court at Malkajgiri, Ranga Reddy.
3. Respondent filed counter disputing the affidavit averments of petitioner and contended that O.P.No.927 of 2011 filed by him is originally decreed and on the petition filed by wife, ex parte decree was recalled and now O.P.No.927 of 2011 is coming up for cross-examination of petitioner in that O.P. and presence of wife i.e., petitioner herein is not required and the present transfer C.M.P. is filed with oblique motive to cause harassment to him. He further stated that she filed the cases at Malkajgiri Courts only to harass him. He stated that he is suffering with acute interverte bral discs problem and doctor advised him for complete bed rest till the ailment is cured, for these reasons, he prayed for dismissal of transfer C.M.P.
4. Heard both sides.
5. Both sides submitted their arguments supporting the respective contentions of their clients.
6. Considering the contentions and rival contentions of both parties and also considering that three cases are pending before Malkajgiri Courts and the fact that respondent herein is suffering with some disc problem, I feel that request of wife can be considered by dispensing with the presence of respondent herein i.e., husband for each and every adjournment.
7. For these reasons, O.P.No.927 of 2011 is
withdrawn from Family Court, Visakhapatnam, and transferred to XVI Additional District Judge-cum-III Additional Family Court at Malkajgiri, Ranga Reddy, for disposal in accordance with law. XVI Additional District Judge-cum-III Additional Family Court at Malkajgiri, Ranga Reddy, shall dispense with presence of respondent herein i.e., husband for each and every adjournment. However, he shall appear as and when his physical presence is felt necessary for any specific purpose.
8. Accordingly, this transfer C.M.P. is ordered.
9. Miscellaneous petitions pending, if any, shall stand closed.
__________________ S. RAVI KUMAR, J 19th July 2016.
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