Madri Baby Saroja v. Sake Prabhakar

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.717 of 2013 ORDER:

This petition is filed to withdraw O.P.No.56 of 2013 from Family Court, Anantapur, and transfer the same to Family Court, Ongole, Prakasham District.

2. Wife filed this petition and according to her affidavit, her marriage with respondent was performed on 04.06.2009. She contended that respondent is working in Orissa State and he intentionally filed the above O.P. at Anantapur only to harass her and to make her travel all the way from Ongole to Anantapur. She stated that she has no source of income either for her sustenance or to meet travel expenses from Ongole to Anantapur as she is living on the mercy of her parents. She further contended that it is difficult for her to travel from Ongole to Anantapur without any male assistance and there are none to escort her from Ongole to Anantapur, which is at a distance of 450 Kms. She stated that she received notice from respondent while she was at her parents' house and she gave a suitable reply and by considering these aspects, she prayed for transfer of O.P.No.56 of 2013 from Family Court, Anantapur to Family Court, Ongole.

3. Respondent made his appearance through his Advocate in the year 2014, but did not choose to file any counter disputing the affidavit averments of petitioner.

4. Heard arguments of both sides.

5. Considering the reasons stated in the affidavit and also considering the fact that respondent is an employee i n Orissa State and in order to reach Anantapur from Orissa, he has to necessarily cross Ongole by train, therefore, no prejudice would be caused if O.P.No.56 of 2013 is transferred from Anantapur to Ongole.

6. For these reasons, O.P.No.56 of 2013 is withdrawn from Family Court, Anantapur and transferred to Family Court, Ongole, Prakasham District, for disposal in accordance with law. No costs.

7. Miscellaneous Petitions pending, if any, shall stand dismissed.

__________________ S. RAVI KUMAR, J 27th April 2015.

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