Smt. G Anuradha v. G Vijaya Rao

THE HONOURABLE SRI JUSTICE S. RAVI KUMAR Tr.C.M.P No.292 OF 2014 ORDER:

This petition is filed to withdraw O.P.No.48 of 2014 from Senior Civil Judge, Gadwal, Mahaboobnagar District, and transfer the same to Senior Civil Judge, Adoni, Kurnool District.

2. Wife filed this petition. According to her affidavit, her marriage with respondent was performed on 11.05.1990 at Adoni as per Hindu rites and customs prevailing in their community and that both of them lived happily for few months and thereafter respondent started harassing her and finally she was necked out from matrimonial house with her children. She stated that she was constrained to file M.C.No.37 of 2006 on the file of Judicial Magistrate of I Class, Adoni, Kurnool District, and she was granted Rs.1,200/- per month to her and Rs.600/- per month each to her children as maintenance and respondent herein filed O.P.No.48 of 2014 before Senior Civil Judge, Gadwal, Mahaboobnagar District, for divorce with baseless allegations.

She further stated that she has no source of income and she has to maintain herself and her children with the maintenance amount grated by the Court and it is difficult for her to travel from Adoni, Kurnool, to Gadwal, Mahaboobnagar. For these reasons, she prayed for transfer of O.P.No.48 of 2014 from Senior Civil Judge, Gadwal, Mahaboobnagar District, to Senior Civil Judge, Adoni, Kurnool District.

3. Respondent/husband filed counter disputing the affidavit averments of the petition and mainly contended that he has life threat at Adoni, Kurnool District.

4. Petitioner/wife has also filed additional affidavit stating that she filed D.V.C.No.4 of 2016 before the Judicial Magistrate of I Class, Adoni, Kurnool District, and respondent herein is appearing in connection with the said case and alleged threat expressed by

respondent in his counter is not correct.

5. Both sides submitted their arguments in support of the respective contentions of their parties.

6. Considering the affidavit and reply affidavit of petitioner, counter affidavit of respondent and also taking the convenience of wife into consideration, I am of the view that request of wife can be considered for transfer of O.P.No.48 of 2014 from Senior Civil Judge, Gadwal, Mahaboobnagar District, to Senior Civil Judge, Adoni, Kurnool District.

7. For these reasons, O.P.No.48 of 2014 is withdrawn from Senior Civil Judge, Gadwal, Mahaboobnagar District, to Senior Civil Judge, Adoni, Kurnool District, for disposal in accordance with law.

8. Accordingly, Transfer C.M.P. is ordered. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand dismissed. ____________________ S. RAVI KUMAR, J Date:26.07.2016 KH