Anjala Ganesh Saritha v. Pokkula Satyanarayana

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.358 of 2013 ORDER:

This petition is filed to withdraw O.P.No.111 of 2013 from the file of Family Court, Warangal, and transfer the same to Family Court, Ranga Reddy or any other Court in Hyderabad or Secunderabad.

2. Wife filed this petition and according to her affidavit, her marriage was performed with respondent-husband on 16.05.2009 and after living for some time due to differences, they are living separately and husband filed O.P.No.111 of 2013 before Family Court, Warangal, for divorce and she is dependant on her old mother and she is taking care of her mother and she is not in a position to travel from Hyderabad to Warangal for each and every adjournment and that she has no support of any male member to escort her and that she has life threat at Warangal as the brother of respondent is a police officer, for these reasons, she prayed for transfer of O.P.No.111 of 2013 from Warangal to Ranga Reddy.

3. Respondent-husband filed counter disputing the affidavit averments of petitioner and contended that he is staying at Warangal and he has to look after his old mother, who is attacked with paralyses and it is difficult for him to travel from Waranal to Ranga Reddy or Hyderabad. He further contended that her mother needs continuous attendant and treatment, for these reasons, he

contended that it is difficult for him to travel from Warangal to Ranga Rddy and prayed for dismissal of transfer C.M.P.

4. Heard arguments of both sides.

5. Both advocates submitted their arguments in support of respective contentions of their clients.

6. I have perused the material papers filed along with transfer C.M.P. and also counter of respondent. The main objection of respondent-husband is as he has to look after his paralatic mother and as his mother is in need of continuous treatment and personal attendance, it is difficult for him to travel from Warnagal to Ranga Reddy for each and every adjournment. Considering this objection, I feel this transfer C.M.P. can be disposed of by directing the trial Court to dispense with the presence of respondent for each and every adjournment.

7. Considering the convenience of wife, O.P.No.111 of 2013 is withdrawn from Family Court, Warangal, and transferred to Family Court, Ranga Reddy, for disposal in accordance with law. The Family Court, Ranga Reddy, shall dispense with the presence of respondent herein for each and every adjournment. However, he shall appear as and when his physical presence is necessary for any specific purpose.

8. Transfer C.M.P. is ordered, accordingly. No costs.

9. Miscellaneous Petitions pending, if any, shall stand dismissed.

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S. RAVI KUMAR, J 13th March 2015.

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