Dr.Swetha Reddy v. Dr.V.Sasidhar Reddy
HONOURABLE SRI JUSTICE S.RAVI KUMAR TRANSFER C.M.P.No.767 OF 2014 Dated 6-2-2015 Between:
Dr.Swetha Reddy.
...Petitioner.
And:
Dr.V.Sasidhar Reddy.
...Respondent.
HONOURABLE SRI JUSTICE S.RAVI KUMAR TRANSFER C.M.P.No.767 OF 2014 ORDER:
This petition is filed to withdraw O.P.No.1706 of 2014 from Family Court, Ranga Reddy District at L.B.Nagar and transfer the same to Senior Civil Judge Court, Nandyala Town, Kurnool District.
Wife is the petitioner. According to her affidavit, her marriage was performed at Hyderabad on 9-32012 and due to differences, she and her husband are residing separately and she has been residing in her parents' house.
According to the grounds of transfer, she is apprehending danger at L.B.Nagar, Ranga Reddy District and husband intentionally filed O.P. at Ranga Reddy District Courts, L.B.Nagar ignoring his place of residence i.e., Nizamabad. It is submitted that it is convenient for her to appear at Nandyal as the witnesses and parties are residents of Nandyal. For these reasons, she prayed for transfer of O.P. from Family Court, Ranga Reddy District to Senior Civil Judge Court at Nandyal, Kurnool District. Husband filed counter and submitted that he was working at Nizamabad and he has to look after his father at Nizamabad who is suffering with various
ailments and as they lived for some time at Ranga Reddy, the court at Ranga Reddy got jurisdiction and for that reason, O.P. is filed at Ranga Reddy. He further contended that it is difficult for him to attend Nandyal as he has to attend teaching classes and he may not get leave for every adjournment and therefore, he opposed the petition for transfer. Heard arguments of both sides.
Both sides advocates submitted that their argument supporting the contention of their respective parties.
I have perused the material papers filed along with transfer O.P. and also counter affidavit filed on behalf of husband.
Considering the submissions of both sides and the material papers, I feel that transfer of O.P. from L.B.Nagar to a place in between would meet the ends of justice. As both parties reside at different places, I feel Kurnool court would be proper and convenient. However, husband's presence can be dispensed with for every adjournment in view of his job and distance from Nizamabad to Kurnool.
Accordingly, Family Court O.P.No.1706 of 2014 is withdrawn from Family Court, Ranga Reddy and transferred to Family Court, Kurnool for disposal in accordance with law. Family Court, Kurnool shall dispense with the presence of respondent-husband for each and every adjournment. However, he shall appear as and when his physical presence is necessary for any specific purpose.
Family Court, Kurnool shall dispose of this O.P. within one year from the date of receipt of copy of this order.
Accordingly, this Transfer C.M.P. is disposed of. As a sequel to the disposal of this Transfer
C.M.P., the Miscellaneous Petitions, if any, pending, shall stand dismissed.
____________________ JUSTICE S.RAVI KUMAR Dated 6-2-2015.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR TRANSFER C.M.P.No.767 OF 2014 Dated 6-2-2015 Dvs