Smt.D.Rajini v. N.Joseph Daniel,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY Tr.CMP.No.640 OF 2015 ORDER :

This transfer petition is filed to withdraw MOP No.85 of 2015 on the file of the Principal District Judge at Kurnool and transfer the same to the Family Court, at Secunderabad.

It is the case of the petitioner that her marriage with the respondent was performed on 17.01.2012 at Dhone, Kurnool District. That the respondent filed OP No.85 of 2015 under Section 10 (ix) and (x) of Divorce Act, 1869 seeking divorce against the petitioner, which is pending on the file of the Principal District Judge, Kurnool, at Kurnool District. Petitioner is residing with her parents at Secunderabad and that when she attended the Court on 04.09.2015 and 13.10.2015 at Kurnool, the respondent threatened her with dire consequences at the Court premises not to attend the Court in MOP No.85 of 2015. Petitioner is unable to attend the Court at Kurnool as there is threat in the hands of the respondent/husband and transfer of the said OP to the Family Court at Secunderabad.

Though notice is ordered and served on the respondent, no counter affidavit is filed by the respondent.

Heard learned counsel for the petitioner.

Since the averments made in the affidavit are not rebutted and there is no opposition from the respondent and in view of the facts and circumstances referred above, I am of the opinion that MOP No.85 of 2015 on the file of the Principal District Judge, Kurnool at Kurnool District, is liable to be transferred to the Family Court at Secunderabad.

Accordingly, the Tr.CMP is allowed. No costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ____________________________

A.RAJASHEKER REDDY, J 25.11.2015 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY

Tr.CMP.No.640 OF 2015 Date: 25.11.2015 kvs