Smt. S.Swarupa, v. Shivaramangari Shanmugham,

HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CIVIL MISCELLANEOUS PETITION No.647 of 2015 ORDER:

This petition is filed to withdraw O.P.No.828 of 2015 from the file of Family court, Ranga Reddy District at L.B. Nagar and transfer the same to Senior Civil Judge, Rajampet, Cuddapah District for disposal in accordance with law.

2. Wife filed this petition. According to her affidavit, her marriage was performed with respondent on 29.05.2013 at Tirumala Padmavathi Gardens, Boduppal, Hyderabad and 3 months after the marriage, her husband and her in-laws started harassing her and that she was necked out from the matrimonial home and she went to her parents house and lodged a complaint before Station House Officer, Penagalur Police Station, Cuddapah District, which is registered as crime No.35 of 2015 and that she also filed petition under Section 9 of Hindu Marriage Act for restitution of conjugal rights before Senior Civil Judge, Rajampet. She contended that respondent filed O.P.No.828 of 2015 for dissolution of marriage with false and untenable allegations. She stated that respondent and his relatives are proclaiming that they would see that she should not attend the Court at Hyderabad to obtain an ex parte decree and that she is apprehending danger in their hands. For these reasons, she prayed for transfer of OP No.828 of 2015 from Family court, Ranga Reddy to Rajampet, Cuddapah District.

3. Respondent in spite of granting time for filing counter did not file any counter.

4. Heard arguments.

5. Advocate for petitioner submitted that restitution of

conjugal rights petition filed by wife is registered as OP No.1 of 2016 and the same is pending before Senior Civil Judge, Rajampet and both these petitions have to be tried by one Court and by taking the convenience of wife into consideration request of wife may be considered.

6. Considering the affidavit of petitioner which allegations remained un-rebutted and also considering the convenience of wife and the fact that OP filed by wife for restitution of conjugal rights is pending before Rajampet Court, request of wife for withdrawl of O.P.No.828 of 2015 from Family Court, Ranga Reddy is considered.

7. For these reasons, O.P.No.828 of 2015 is withdrawn from the file of Family Court, Ranga Reddy District at L.B. Nagar and transferred to Senior Civil Judge, Rajampet, Cuddapah District for disposal in accordance with law.

8. Accordingly, the Transfer Civil Miscellaneous Petition is ordered. No costs. Miscellaneous Petitions, if any pending, in this petition, shall stand closed.

__________________ S. RAVI KUMAR, J Date: 29-02-2016 gvl