S. Anusha Bai v. Sri. Ragi Jagadeesh

THE HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.452 of 2016 ORDER:

This application is filed to withdraw F.C.O.P.No.64 of 2016 from the file of Family Court, Anantapur, and transfer the same to Family Court, Kurnool, or any other competent Court at Kurnool.

2. Wife filed this application. According to her affidavit, her marriage with respondent was solemnized on 25.10.2015 at Prathyun Function Hall at Anantapur.

She stated that when she joined respondent, she came to know about attitude of respondent and that he has got extra-marital relationship with another woman and that respondent started harassing her and as she is unable to bear the torture, she was forced to go to her parents house. She stated that she lodged a complaint with Women Police Station, Kurnool, and the same is pending investigation. She also stated that she filed F.C.O.P.No.34 of 2016 before IV Additional District Judge - cum - Family Court, Kurnool, and D.V.C. case before Special Judicial First Class Magistrate for Prohibition and Excise, Kurnool. She further stated that she cannot travel from Kurnool to Anantapur to attend for each and every adjournment before Family Court, Anantapur, which is at a distance of more than 200 kilometres due to financial difficulty and as the other cases are pending at Kurnool, she prayed for transfer of F.C.O.P.No.64 of 2016 from Family Court, Anantapur, to Family Court, Kurnool or any other competent Court at Kurnool.

3. This Court permitted petitioner to take out personal notice on respondent through Registered Post with Acknowledgement Due and in compliance of said order, advocate for petitioner filed a memo dated 05.08.2016 stating that notice sent to respondent is duly served on him on 29.07.2016 and filed postal acknowledgement along with memo. In spite of service of notice, respondent neither appeared in person nor

through any advocate.

4. Heard arguments of advocate for petitioner.

5. Considering the reasons stated in the affidavit filed in support of this petition and also considering the convenience of wife, F.C.O.P.No.64 of 2016 is withdrawn from Family Court, Anantapur, and transferred to Family Court, Kurnool, for disposal in accordance with law.

6. The petition is ordered accordingly. No costs. Miscellaneous petitions, if any, pending in this petition, shall stand dismissed. ___________________ S. RAVI KUMAR, J 17th August, 2016.

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