Smt. S. Uma Devi v. S. Raju

THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD TRANSFER C.M.P.No. 183 OF 2019 ORDER:

This petition under Section 24 of the Code of Civil Procedure (for short, 'C.P.C.') is filed by wife to withdraw F.C.O.P.No.447 of 2019 pending on the file of Judge, Family Court, Ranga Reddy at L.B.Nagar, and transfer the same to the Court of the Senior Civil Judge, Wanaparthy.

The petitioner contended that she is resident of Tumkunta Village, Veepanagandla Mandal, Wanaparthy District, whereas O.P is pending at L.B.Nagar, Ranga Reddy District, which is far away to the place of her residence i.e 200 kms. It is also contended that she is unable to undertake journey covering distance of 200 kms and that there is danger to her life from the hands of the respondent/husband. Therefore, it is difficult for her to defend the proceedings at L.B. Nagar, Ranga Reddy District.

During hearing, learned counsel for the petitioner reiterated the contentions urged in the petition at the stage of admission. The respondent filed petition under Section 13(1)(ia) of the Hindu Marriage Act for dissolution of marriage, which is pending before the Judge, Family Court, L.B.Nagar, Ranga Reddy District. The grievance of the petitioner is that her inability to undertake journey covering distance of 200 kms to attend the Court on every date of adjournment and danger to her life in the hands of the respondent.

In view of difficulty expressed by the petitioner/wife and taking into consideration the facts and circumstances of the case and the contention of the petitioner, F.C.O.P.No.447 of 2019 is withdrawn from the file of Judge, Family Court, Ranga Reddy District at L.B.Nagar and transferred to the Senior Civil Judge, Wanaparthy. The Senior Civil Judge, Wanaparthy is directed to dispose of petition in accordance with law, after giving opportunity to both parties, as expeditiously as possible, preferably within a period of one year from the date of receipt of a copy of this order. Both parties shall co-operate with the Court proceedings. With the above direction, the Transfer Civil Miscellaneous Petition is disposed of. No costs.

Pending miscellaneous petitions, if any, shall stand dismissed in consequence.

__________________________ T. AMARNATH GOUD, J Date: 24.10.2019 kvrm