Smt.Jayti Tiwari v. Gyanesh Purohit

HONOURABLE SRI JUSTICE S.RAVI KUMAR Tr.CMP.No.750 of 2014 O R D E R:

This petition is filed to transfer O.P.No.1225 of 2014 from the file of Judge, Family Court, Ranga Reddy to Principal Senior Civil Judge Court, Sangareddy at Medak. Wife filed this application stating that her marriage was solemnized on 17.06.2009 at Yeddumailaram and she is blessed with a female child on 01.05.2010 and due to differences and as she was neglected by the respondent-husband, she is staying with her parents. She contended that she received notice from Family Court, Rangareddy in a divorce application filed by husband and it is difficult for her to travel 70 KMs from Yeddumailaram to Rangareddy for defending O.P.No.1225 of 2014 with a minor kid. She further contended that her parents are aged persons and suffering with old age ailments and that no prejudice will be caused to the respondent if the O.P. is transferred to Sangareddy, as the respondent is residing at Gurgaon in Haryana State.

Husband filed counter disputing the affidavit averments of the wife and according to his counteraffidavit, petitioner is working as System Analyst in HiTech City at Hyderabad and she is daily coming to

Hyderabad from Yeddumailaram and going back after attending her job, therefore, there cannot be any difficulty for the petitioner to attend Family Court, Rangareddy at L.B.Nagar. It is further contended that he is working as Software Engineer at Gurgaon at Haryana State and he is travelling from Gurgaon to Hyderabad and if the matter is transferred to Sangareddy again he has to travel from Hyderabad to Sangareddy for each and every adjournment, which will be difficult and causes prejudice to him and further contended that the ground urged for transfer is not tenable.

Heard both sides.

Learned Advocate for respondent submitted that a Family Court, Hyderabad situated at City Civil Court which will be convenient for both the parties, as the petitioner is daily coming to Hyderabad from Yeddumailaram in connection with her job. Perused the material papers filed along with the transfer petition.

Considering the contentions and rival contentions of both parties and affidavit and counter affidavit of both wife and husband, I feel that the proposal made by respondent's counsel is just and reasonable.

For these reasons, O.P.No.1225 of 2014 is withdrawn from Family Court, Ranga Reddy at L.B.Nagar and transferred to Family Court, Hyderabad for disposal in accordance with law.

Transfer Petition is ordered accordingly. No costs.

Miscellaneous petitions, if any, pending in this petition, shall stand closed.

____________________ JUSTICE S.RAVI KUMAR Dt.9th March, 2015 PNV