Gadamsetty Harini v. Gadamsetty Rangaswamy

THE HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CMP.No.471 of 2014 Date:23.02.2015 Between:

Gadamsetty Harini ..... Petitioner.

AND Gadamsetty Rangaswamy .....Respondent.

The Court made the following:

THE HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CMP.No.471 of 2014 ORDER:

This petition is filed to withdraw Divorce O.P No.45/2014 from Family Court, Ongole and transfer the same to Family Court, Guntur.

2. Wife is the petitioner and according to her affidavit, her marriage was performed on 17-03-2012 at Guntur and due to physical and mental harassment, she is now staying at her parents' house and the respondent herein filed O.P.No.45/2014 for divorce. She further stated that she gave a complaint under Section 498-A IPC and a crime is registered and that case is pending at Guntur. She further contended that she filed M.C.No.199/2013 seeking maintenance and the same is pending before Family Court, Guntur. She contended that she is now living on the mercy of her parents and she is not in a position to meet the travelling expenses from Ongole to Guntur and by taking her convenience into consideration, Divorce O.P.No.45/2014 has to be transferred from Ongole to Guntur.

3.

Respondent has not filed any counter disputing the affidavit averments of petitioner.

4. Heard arguments.

5. I have perused the material papers filed along with the transfer petition. As seen from the affidavit of the petitioner, the cases filed by her i.e., 498-A case and maintenance case are pending at Guntur.

Advocate for petitioner submitted that respondent/husband is attending Guntur in connection of these two cases and contesting them. Petitioner specifically contended that she is living on the mercy of her parents and she cannot bear the expenses to travel from Ongole to Guntur for defending Divorce O.P.No.45/2014. When the respondent/husband is already attending Guntur in connection of 498-A case and M.C., no prejudice will be caused to him, if this O.P is also brought to Guntur Court. Therefore, considering the convenience of wife and also considering the reasons stated in the affidavit of the petitioner, Divorce O.P. No.45/2014 is withdrawn from Family Court, Ongole and transferred to Family Court, Guntur to be tried along with M.C.No.199/2013 pending there.

6. The Tr.CMP is ordered accordingly.

__________________________ JUSTICE S. RAVI KUMAR Date:23.02.2015 mrb