High Court for State of TelanganaTRCMP/432/2015ordered

Behara Vijaya Lakshmi v. Behera Venkata Anantha Kumar

2016-07-25S.Ravi Kumar2 pages

THE HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.432 of 2015 ORDER:

This application is filed to withdraw O.P.No.212 of 2010 from the file of Family Court, Visakhapatnam and transfer the same to Court of Senior Civil Judge, Parvathipuram, Vizianagaram District.

2. Wife filed this application. According to her affidavit, her marriage with respondent was performed on 19.10.2008 at Parvathipuram and that the respondent filed O.P. for divorce at Visakhapantam. She stated that respondent is a practicing advocate at Visakhapatnam and apart from that, it is difficult for her to travel from Parvathipuram to Visakhapatnam and that she is depending upon her parents for her livelihood. For these reasons, she prayed for transfer of O.P. from the Court at Visakhapatnam to the Court at Parvathipuram.

3. Respondent opposed the application and contended that no other cases are pending in the Courts at Parvathipuram and all the cases filed by the wife are dismissed and this application is filed only to harass him.

4. Heard both sides. Both the advocates submitted their arguments supporting the contentions of their respective parties.

5. Considering the submissions and contentions and rival contentions of both the parties and the fact that respondent is a practicing advocate at Visakhapatnam and also considering the convenience of wife, I am of the view that matter can be transferred to Family Court of Vizianagaram District, in which district, Parvathipuram is situated.

6. For these reasons, O.P.No.212 of 2010 is withdrawn from the file of Family Court, Visakhapatnam and transferred to Family Court,

Vizianagaram, for disposal in accordance with law. The Family Court, Vizianagaram shall dispose of the O.P. as expeditiously as possible, preferable within six (06) months from the date of receipt of records.

7. The Transfer C.M.P. is ordered accordingly. Miscellaneous petitions, if any, pending in this petition shall stand dismissed. ___________________ S. RAVI KUMAR, J 25th July, 2016.

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