Kemidi Chamanthi , Sravanthi v. Kemidi Nagaraju

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.709 of 2013 ORDER:

This petition is filed to withdraw O.P.No.927 of 2013 from the file of Family Court, Ranga Reddy at L.B.Nagar and transfer the same to Senior Civil Judge, Jangoan, Warangal District, to be tried along with O.P.No.28 of 2013.

2. Wife filed this petition and according to her affidavit, her marriage with respondent-husband was performed on 15.04.2012 and she lived with her husband for five months and thereafter due to harassment she is staying with her parents from September, 2012 at Chennur Village, Palakurthy Mandal, Warangal District. She stated that husband filed O.P.No.927 of 2013 for divorce in Family Court, Ranga Reddy and that she filed M.C.No.19 of 2013 before Judicial First Class Magistrate, Jangoan, Warangal, and O.P.No.28 of 2013 before Senior Civil Judge, Jangoan, Warangal, for restitution of conjugal rights and both the cases are pending at Jangoan Courts and respondent is attending. She stated that as she is staying at her native place Chennur Village and it is difficult for her to travel from Chennur to Hyderabad, which is more than 100 kms., for defending O.P.No.927 of 2013 filed by husband. She further contended that husband is also native of Jangoan and he has got lands in Jangoan, for these reasons, she prayed for withdrawal of

O.P.No.927 of 2013 from Family Court, Ranga Reddy, and transfer the same to Senior Civil Judge, Jangoan.

3. Respondent-husband in spite of service of notice neither appeared in person nor through any advocate.

4. Heard arguments of advocate for petitioner.

5. Advocate for petitioner submitted that both the O.P.s filed by husband and wife are to be tried by one Court to avoid conflicting decisions. He submitted that petitioner is staying at Chennur Village and it is difficult for her to attend Ranga Reddy Court for the purpose of O.P. filed by husband and by considering the convenience of wife O.P. No.927 of 2013 filed by husband may be transferred to Jangoan Court.

6. Considering the reasons stated in the affidavit and also considering the convenience of wife, O.P.No.927 of 2013 is withdrawn from Family Court, Ranga Reddy, and transferred to Senior Civil Judge, Jangoan, Warangal District, to be tried along with O.P.No.28 of 2013, in accordance with law.

7. For these reasons, transfer C.M.P. is ordered. No costs.

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

__________________ S. RAVI KUMAR, J 10th March 2015.

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