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High Court for State of TelanganaTRCMP/55/2014ordered

Byrisetty Sujatha, v. Byrisetty Sitarama Murthy,

2015-01-20S.Ravi Kumar3 pages

HONOURABLE SRI JUSTICE S.RAVI KUMAR Tr.CMP.No.55 of 2014 O R D E R:

This petition is filed to transfer H.M.O.P.No.51 of 2013 from the file of Senior Civil Judge Court, Razole, East Godavari District to Senior Civil Judge Court, Kamareddy, Nizamabad District for disposal in accordance with law. Wife filed this application on the ground that she has no means to meet travel expenses from Kamareddy to Razole which is more than 600 kms.

It is further contended that she filed M.C.No.67 of 2010 before the Judicial First Class Magistrate, Kamareddy and police filed charge sheet for the offences under Section 498-A IPC and the same is registered as C.C.No.290 of 2011 and the same is also pending before the Kamareddy Court and respondent-husband is attending these two cases.

Heard both sides.

Learned Advocate for respondent submitted that respondent is an unemployee and it is difficult for him to travel from Razole to Kamareddy.

Perused the material papers filed along with the transfer petition.

Though wife specifically stated in her affidavit and explained in the petition about difficulty in attending the

Court at Razole, no counter is filed on behalf of the husband disputing the affidavit averments of the wife. Admittedly husband is attending M.C. case and 498-A IPC case at Kamareddy. Therefore, there cannot be any difficulty for him if this case is also transferred to Kamareddy.

Considering the convenience of the wife and also the fact that cases filed by wife ie., M.C. and C.C. are pending before Kamareddy Court I feel that the request of the wife can be considered. Considering the reasons stated in the affidavit and also considering the convenience of the wife H.M.O.P.No.51 of 2013 is withdrawn from Senior Civil Judge, Razole, East Godavari District and transferred to Senior Civil Judge, Kamareddy, Nizamabad District for disposal in accordance with law and the Senior Civil Judge, Kamareddy, Nizamabad District shall dispose of the O.P. within eight (8) months from the date of receipt of the record.

Transfer Petition is ordered accordingly.

Miscellaneous petitions, if any, pending in this petition, shall stand closed.

____________________ JUSTICE S.RAVI KUMAR Dt.20th January, 2015 PNV