Bhavana Jyothyrmayee v. Bhavana Raja Babu

THE HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.C.M.P.No.358 of 2015 ORDER:

This application is filed to withdraw O.P.No.47 of 2014 pending on the file of Additional District Judge's Court, Kovvur, West Godavari District and transfer the same to Family Court, L.B.Nagar, Ranga Reddy District.

2. Wife filed this application and in her affidavit, she stated that her marriage with respondent was solemnised on 06.11.2000 at Kapavaram village and it was a social marriage and subsequently, first respondent started harassing her and he filed an O.P. before the Additional District Court, Kovvur, for dissolution of marriage making false allegation that she is living in adultery. She stated that it is difficult for her to travel from Ranga Reddy to West Godavari for each and every adjournment with tender aged children. She stated that first respondent is residing at Chennai and he is coming to Kovvur from Chennai for each and every adjournment and considering the convenience, she prayed for transfer of O.P. from Kovvur, West Godavari District to L.B.Nagar, Ranga Reddy District.

3. In Transfer O.P., husband is shown as first respondent and the alleged person with whom allegation of adultery is attributed is shown as second respondent.

4. Advocate for petitioner submitted that second respondent is only a formal party to the transfer petition and that main dispute is between petitioner and first respondent.

5.

Advocate for first respondent represented that first respondent has no objection for transfer of case, but, as he is residing at Chennai, his physical presence may be dispensed with for each and

every adjournment.

6.

I have perused the material papers. Considering the submissions of both sides and considering the reasons stated in affidavit filed in support of petition, request of wife for transfer of O.P. from Kovvur, West Godavari District to L.B.Nagar, Ranga Reddy District is considered.

7. Accordingly, O.P.No.47 of 2014 is withdrawn from the file of Additional District Judge's Court, Kovvur, West Godavari District and transferred to Family Court, L.B.Nagar, Ranga Reddy District for disposal in accordance with law. The Family Court, L.B.Nagar, Ranga Reddy District, shall dispense with the presence of first respondent herein, i.e., husband for each and every adjournment. However, he shall appear before Family Court, L.B.Nagar, Ranga Reddy District, as and when his physical presence is felt necessary for any specific purpose. 8.

This petition is ordered accordingly. As a sequel, miscellaneous petitions, if any, pending in this petition shall stand dismissed.

____________________ S. RAVI KUMAR, J 19th July, 2016 Bvv