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High Court for State of TelanganaTRCMP/19/2016ordered

Smt. Yempalla Kavitha , Bandaru Kavitha, v. Sri Yempalla Ravinder Reddy,

2016-07-25S.Ravi Kumar2 pages

THE HONOURABLE SRI JUSTICE S. RAVI KUMAR Tr.C.M.P No.19 OF 2016 ORDER:

This petition is filed to withdraw O.P.No.64 of 2015 from Senior Civil Judge, Nalgonda, and transfer the same to Family Court, Ranga Reddy District.

2. Wife filed this petition. According to her affidavit, her marriage with respondent was performed on 29.05.2013 at Hayathnaar and a female child was born during their wedlock. She stated that due to the harassment and bad habits of respondent, she was forced to stay with her parents and she made a complaint before the Women Police Station, Ranga Reddy District, and the same was registered as Crime No.142 of 2015. She stated that she has a life threat from respondent and his family members. She further stated that she also filed a Maintenance Case. For these reasons, she prayed for transfer of O.P.No.64 of 2015 from Senior Civil Judge, Nalgonda, to Family Court, Ranga Reddy District.

3. Respondent/husband filed counter disputing the affidavit averments of the petition and contended that all the allegations in the affidavit are fabricated and invented for the purpose of filing cases against him. He stated that he never neglected to maintain the petitioner and his daughter. He stated that he lost his job at Hyderabad and left for his native place and living with his parents. He stated that Nalgonda is only 110 K.Ms., therefore there may not be any difficulty for petitioner to attend the Court at Nalgonda and as such her request for transfer of O.P. to Ranga Reddy is not tenable.

4. Heard arguments.

5. Admittedly, petitioner herein filed D.V.C.No.30 of 2015 and C.C.No.476 of 2015. Both cases are pending in the Courts at L.B.

Nagar. It is also clear from the submission of advocate for petitioner that wife filed M.C.No.154 of 2015 before Family Court, Ranga Reddy, and the same is also pending and for all these cases, respondent herein is appearing, therefore, no prejudice would be caused to respondent if O.P.No.64 of 2015 is transferred to Family Court, Ranga Reddy District.

6. Considering the affidavit averments of petitioner and also taking the convenience of wife into consideration, O.P.No.64 of 2015 is withdrawn from Senior Civil Judge, Nalgonda, and transferred to Family Court, Ranga Reddy District, for disposal in accordance with law.

7. Accordingly, Transfer C.M.P. is ordered. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand dismissed. ____________________ S. RAVI KUMAR, J Date:25.07.2016 KH