Smt.Kuntimalla Sailaja v. Kuntimalla Uday Kumar

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.436 of 2014 ORDER:

This petition is filed to withdraw O.P.No.157 of 2014 from the file of Additional Family Court, Hyderabad, and transfer the same to Family Court, Khammam.

2. Wife filed this petition and according to her affidavit, her marriage was performed on 15.11.2011 and as respondent neglected her she is staying with her mother, who is suffering from old age ailments and she gave a complaint to police, which is registered as Crime No.307 of 2014 of Khanpur Police Station, for the offences under Sections 498-A and 307 read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. Respondent-husband filed O.P.No.157 of 2014 for dissolution of marriage before Additional Family Court, Hyderabad. She further stated that she do not have any male assistance and financial assistance to travel from Khammam to Hyderabad to defend the above case. She stated that she is apprehending danger to her life in the hands of respondent at Hyderabad, for these reasons, she prayed for transfer of O.P.No.157 of 2014 from Additional Family Court, Hyderabad to Family Court, Khammam.

3. Respondent in spite of making his appearance through advocate in November, 2014 did not choose to file any counter-affidavit disputing the affidavit averments of petitioner.

4. Heard arguments.

5. Considering the reasons stated in the affidavit and considering the convenience of wife and also considering the fact that crime is registered on the complaint given by wife is pending in Khammam District, O.P.No.157 of 2014 is withdrawn from Additional Family Court, Hyderabad, and transferred to Family Court, Khammam, for disposal in accordance with law.

6. Accordingly, transfer C.M.P. is ordered. No costs.

7. Miscellaneous Petitions pending, if any, shall stand dismissed. __________________ S. RAVI KUMAR, J 24th April 2015.

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