Kota Sravanthi v. Kota Venkaiah

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY TRANSFER C.M.P.NO.775 OF 2015 O R D E R:

This transfer C.M.P. is filed by the petitioner-wife against the respondent-husband for transfer of F.C.O.P.No.1762 of 2015 filed by the respondent-husband for grant of divorce, pending on the file of XV Additional District Judge-cum-Family Court, Ranga Reddy District at L.B.Nagar to the Family Court at Warangal.

The case of the petitioner is that her marriage with the respondent was performed on 30.11.2011 as per the caste customs and Christian Marriage Rites and rituals at CSI Church, Hanumakonda, Warangal District and the same was consummated and out of their wedlock, they were blessed with a female child on 29.10.2012. Thereafter, the respondent and his family members started to harass the petitioner for additional dowry and insisted her to obtain divorce and the respondent issued a notice on 07.04.2014 for restitution of conjugal rights and thereafter filed F.C.O.P.No.1762 of 2015 under Section 10 (ix) & (x) of Indian Divorce Act, 1869. The learned counsel for the petitioner states that the

petitioner cannot travel all the way from Warangal to Ranga Reddy District, as she is depending upon her parents financially and the respondent has not provided any maintenance to her and her minor child.

Though notice is served on the respondent, there is no representation on his behalf and no counter affidavit is filed. Heard the learned counsel for the petitioner. In view of the averments made in support of the petition stating that the petitioner is living with her parents along with her minor daughter and expressed her inconvenience to travel all the way from Warangal to Ranga Reddy District to defend her case and in view of above facts and circumstances of the case, I am of the opinion that F.C.O.P.No.1762 of 2015 can be transferred from the file of XV Additional District Judgecum-Family Court, Ranga Reddy District at L.B.Nagar to Family Court at Warangal.

The Transfer C.M.P. is accordingly allowed.

Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

_______________________ A.RAJASHEKER REDDY, J

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