Smt. Penukula Aneela v. Penukula Sudhakar

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.208 of 2016 ORDER:

This petition is filed to withdraw O.P. No.23 of 2016 from Senior Civil Judge, Siddipet, Medak District, and transfer the same to Senior Civil Judge, Bodhan, Nizamabad District.

02. Wife filed this petition. According to her affidavit, her marriage was performed on 08.04.2010, thereafter she was subjected to harassment and she tolerated harassment for some period and she was blessed with a male child on 28.01.2015 and thereafter she was necked out from the matrimonial home and that she lodged a complaint in Bodhan Police Station which is registered as a case in Cr.No.80 of 2016 and the respondent herein filed O.P. No.23 of 2016 before Senior Civil Judge, Siddipet, Medak District, for dissolution of marriage. She stated that she is house wife, she has no other source of income and she is living along with one year old boy at her brother's house at his mercy and he is providing amenities with great difficulty and it is difficult for her to attend the Court at Siddipet, which is situated at a distance of 150 kilometers, for defending the said case, and for that reason, she prayed for transfer of O.P. No.23 of 2016 from Senior Civil Judge, Siddipet, Medak District to Senior Civil Judge, Bodhan, Nizamabad.

03. This Court permitted to take out personal notice and file proof of service and in compliance of the said order, advocate filed memo stating that notice sent through registered post was duly served on the respondent and filed postal acknowledgment.

04. Inspite of service of notice, respondent neither appeared in person nor through any advocate.

05. Heard arguments of both sides

06. Advocate for petitioner submitted that the respondent is attending in Bodhan Court in connection of criminal case filed under

Section 498-A IPC and if the O.P. No.23 of 2016 is transferred from Siddipet to Bodhan, no prejudice will be caused.

07. Considering the reasons stated in the affidavit filed in support of petition, O.P.No.23 of 2016 is withdrawn from Senior Civil Judge, at Siddipet, Medak District, and transferred to Senior Civil Judge, Bodhan, Nizamabad District, for disposal in accordance with law.

08. Accordingly, this transfer C.M.P. is ordered.

09. Miscellaneous petitions pending, if any, shall stand closed. ___________________ S. RAVI KUMAR, J 09.06.2016 BV