Smt. Lalbha Vijay Mala v. Lalbha Vijay Kumar
HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CIVIL MISCELLANEOUS PETITION No.731 of 2014 ORDER:
This petition is filed to withdraw O.P.No.7 of 2014 from the file of Senior Civil Judge, Bodhan, Nizamabad District and transfer the same to Senior Civil Judge, Medchal, Ranga Reddy District or any other Court in Ranga Reddy District for disposal in accordance with law.
2. Petitioner herein is wife and she filed her affidavit in support of petition. According to which, her marriage was performed with respondent on 09.05.2007 and due to disputes she is now living with her parents at Qutbullapur, Ranga Reddy District. She contended that she gave a complaint against respondent/husband and police registered the same as Crime No.475 of 2014 and respondent is attending Medchal Court in connection of criminal case. She further contended that Bodhan is 200 KMs away from Qutbullapur, Ranga Reddy District i.e., the place of residence of petitioner and it is difficult for her to travel from Qutbullapur to Bodhan and it is also difficult for her to bear travelling expenses. She further contended that she has got school going children and old parents to look after them, and for these reasons, she prayed for transfer of O.P.No.7 of 2014 from Bodhan, Nizamabad District to Ranga Reddy District.
3. Respondent has not filed any counter.
4. Heard both sides.
5. Advocate for petitioner/wife submitted that subsequent to filing of this O.P., petitioner herein filed DVC at Medchal Court and respondent/husband is attending for that case also. He further submitted that respondent is doing business at V. Ram Reddy Nagar, IDA, Jeedimetla and no prejudice will be caused, if the case is transferred from Bodhan, Nizamabad District to Ranga Reddy District.
6. Advocate for respondent/husband opposed the application and submitted that marriage was performed at Allapur village of Pitlam Mandal, Nizamabad and
they both lived at Nizamabad and wife deserted husband on her own and she is now residing with her parents at Qutbullapur and it is difficult for respondent/husband to come from Bodhan to Ranga Reddy for the purpose of this case.
7 . I have perused the material papers filed along with transfer petition. Considering the submissions of both sides and also considering the convenience of wife, I feel that the request of petitioner/wife can be considered by transferring O.P.No.7 of 2014 from Bodhan to Family Court, Ranga Reddy.
8. For these reasons, O.P.No.7 of 2014 is withdrawn from the file of Senior Civil Judge, Bodhan, Nizamabad District and transferred to Family Court, Ranga Reddy District for disposal in accordance with law. Family Court, Ranga Reddy shall dispense with the presence of respondent/husband herein for each and every adjournment. However respondent/husband shall appear as and when the Court feels that his physical presence is necessary for any specific purpose.
9. Accordingly, the Transfer Miscellaneous Petition is allowed. No costs. As a sequel, miscellaneous petitions, if any filed in this civil miscellaneous petition, shall stand closed.
___________________ S. RAVI KUMAR, J Date: 02.04.2015.
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