Rubeena Begum v. M A Rauf Khan

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.11 of 2014 ORDER:

This petition is filed to withdraw F.C.O.P.No.1051 of 2013 from the file of Family Court, Karimnagar, and transfer the same to Family Court, Hyderabad.

2. Wife filed this petition. According to her affidavit, her marriage with respondent was performed on 20.02.2011 at Masjid-e-Khutba Shahee, Hyderabad, as per Muslim custom and rites, during their wedlock they were blessed with a baby by name Rushda Adeeba Khanam, who is now aged about 1 1⁄2 years. She stated that respondent started harassing her for additional dowry and she is now living at Hyderabad. She stated that respondent filed F.C.O.P.No.1051 of before Family Court, Karimnagar, for restitution of conjugal rights with false allegations and she is a private employee dependant on her aged mother and brother. She further stated that Karimnagar is about 270 km. away from Hyderabad and her earnings are not sufficient even to meet the monthly expenditure of her baby and it would be difficult for her to travel from Karimnagar to Hyderabad.

3. Heard arguments.

4. Advocate for petitioner submitted that personal notice was sent to respondent on 21.07.2016 through registered post with acknowledgment due and the same

was duly served on respondent on 23.07.2016. The postal acknowledgment is filed along with memo dated 01.08.2016. In spite of service of notice respondent neither appeared in person nor through any advocate.

5. Considering the reasons stated in the affidavit filed in support of petition and also considering the convenience of wife, F.C.O.P.No.1051 of 2013 is withdrawn from Family Court, Karimnagar, and transferred to Family Court, City Civil Court, Hyderabad, for disposal in accordance with law.

6. Accordingly, transfer C.M.P. is ordered.

7. Miscellaneous petitions pending, if any, shall stand closed.

__________________ S. RAVI KUMAR, J 3rd August 2016.

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