Yandamuri Durga Suhasini v. Yandamuri Uma Maheswara Rao

HONOURABLE SRI JUSTICE S.RAVI KUMAR Tr.CMP.No.579 of 2014 O R D E R:

This petition is filed to withdraw H.M.OP.No.9 of 2014 from III Senior Civil Judge, Kakinada and transfer the same to Senior Civil Judge, Bobbili, Vizianagaram District.

Wife filed this application and according to her affidavit, her marriage was performed with the respondent on 20.11.2011 at her residence and she joined respondent to lead marital life and resided at Kakinada. She contended that she was sent to her parents house ten days after the marriage and thereafter disputes arose and due to disputes and harassment she is now staying with her parents at Bobbili and that she lodged a complaint with the police which is registered as Cr.No.147 of 2014 pending before Judicial First Class Magistrate, Bobbili. She contended that her husband thereafter filed O.P. for restitution of conjugal rights before III Senior Civil Judge, Kakinada with false and untenable allegations.

She contended that it is difficult for her to travel from Bobbili to Kakinada, she also apprehend danger to her life in the hands of respondent at Kakinada. She further contended that respondent is attending Court of Judicial First Class Magistrate, Bobbili, Vizianagaram in connection of Section 498-A IPC case and no prejudice will be caused to respondent, if this case is transferred to Bobbili. For these reasons, she prayed for transfer of O.P.No.9 of 2014 from Kakinada to Bobbili.

Respondent inspite of service of notice neither appeared in person nor through any advocate.

Heard advocate for petitioner.

It is submitted that because of life threat and distance, wife is facing

inconvenience for attending Kakinada Court in connection of O.P.No.9 of 2014, therefore by taking convenience of wife into consideration, OP may be transferred from Kakinada to Bobbili.

I have perused the material papers filed along with the transfer petition. Considering the reasons stated in the affidavit HMOP.No.9 of 2014 is withdrawn from III Senior Civil Judge, Kakinada and transferred to Senior Civil Judge, Bobbili, Vizianagaram District for disposal in accordance with law. Transfer petition is ordered accordingly. No costs. Miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE S.RAVI KUMAR Dt.16th April, 2015 PNV