Smt.P.Ramani Sree v. Purnam Srinivas Rao

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.157 of 2014 ORDER :

This petition is filed to transfer O.P.No.1289 of 2013 from the file of Family Court, Visakhapatnam, to Family Court, Warangal.

2. Petitioner is wife and according to her affidavit, her marriage with respondent-husband was performed in the year 1999 and that she was necked out in the month of November 2011 and now she is staying at Kajipet with her brother, who is taking care of her. According to her affidavit, she filed a complaint against respondenthusband and a crime is pending before II Additional Judicial First Class Magistrate, Warangal. She further stated that present O.P.No.1289 of 2013 is filed only to harass her and distance between Kajipet and Visakhapatnam is 500 KMs and it is difficult for her to travel from Khajipet to Visakhapatnam, therefore, by considering her convenience, she prayed for transfer of O.P.No.1289 of 2013 from Family Court, Visakhapatnam to Family Court, Warangal.

3. Respondent-husband has not filed any counter.

4. Heard arguments.

5. Advocate for respondent contended that respondent is an employee and it will be difficult for him to travel from Visakhapatnam to Kajipet as his place of job is

a t Visakhapatnam.

He further submitted that the allegations in the affidavit are not true and correct.

6. Admittedly, petitioner is staying at Warangal and two criminal cases are pending in Warangal Courts against respondent herein and he has to attend Warangal in connection of those two cases. Now the only objection of respondent is that he being an employee, it is difficult for him to attend at Warangal Courts as his place of employment is Visakhapatnam.

7. Considering the contentions and rival contentions of both parties and also convenience of both parties, I am of the view that this transfer C.M.P. can be disposed of by transferring the O.P. and by directing the Court to dispense with the presence of respondent for each and every adjournment.

8. For these reasons, O.P.No.1289 of 2013 is withdrawn from Family Court, Visakhapatnam and transferred to Family Court, Warangal, and the Family C o u rt, Warangal, shall dispense with the physical presence of respondent for each and every adjournment. However, he shall appear as and when his physical presence is necessary for any specific purpose.

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

10. Miscellaneous Petitions, if any, shall stand closed. __________________ S. RAVI KUMAR, J 19th February 2015.

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