Amalakanti Chandana Gayatri , K C Gayatri v. Amalakanti Ravindra

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.121 of 2016 ORDER:

This petition is filed to withdraw F.C.O.P.No.1450 of 2014 from the file of Family Court, Visakhapatnam, and transfer the same to Senior Civil Judge, Bobbili, Vizianagaram.

2. Wife filed this petition and according to her affidavit, her marriage with respondent was performed on 10.05.2014 at Lokabandhu Kalayana Mandapam, Bobbili, as per their caste custom and after marriage she joined respondent at Visakhapatnam and marriage was consummated.

She stated that disputes arose on account of demand of additional money and she was illtreated and necked out from the house and having no other alternative she went to her parents' house and living there.

She stated that she received notice in F.C.O.P.No.1450 of 2014 and that she appeared before the Court and filed counter, but respondent threatened her and her parents whenever they appeared before the Court with dire consequences and she is apprehending danger. She stated that it is difficult for her to travel from Visakhapatnam to Bobbili as the distance between these two places is more than 100 km., for these reasons, she prayed for transfer of F.C.O.P.No.1450 of 2014 from Family Court, Visakhapatnam to Senior Civil Judge, Bobbili.

3. Respondent No.1 in spite of service of notice neither appeared in person nor through any Advocate.

Respondent Nos.2 and 3 are parents of petitioner they were shown as co-respondents in F.C.O.P. filed under Section 7 (d) of the Family Courts Act seeking injunction.

4. Heard arguments.

5. Advocate for petitioner submitted that respondent Nos.2 and 3 have no adverse interest and they are only shown as formal parties.

6. Considering the submission of advocate for petitioner and affidavit filed in support of petition and also convenience of wife, F.C.O.P.No.1450 of 2014 is withdrawn from Family Court, Visakhapatnam, and transferred to Senior Civil Judge, Bobbili, for disposal in accordance with law.

7. Accordingly, the transfer C.M.P. is ordered.

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

__________________ S. RAVI KUMAR, J 18th March 2016.

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