Smt K.Suneeta v. Sri Bagadi Govinda Rao , Tirlangi Govinda Rao

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY Tr.C.M.P.No.439 of 2017

ORDER

This petition under Section 24 of CPC is filed by petitioner-wife to withdraw M.O.P.No.67 of 2016 on the file of Additional Senior Civil Judge, Srikakulam, filed under Section 13 of Hindu Marriage Act for dissolution of marriage by the respondent-husband, and transfer the same to the Family Court, Ranga Reddy District, on the ground that she is working as Associate Professor within the jurisdictional limits of Ranga Reddy District and it is difficult for her to get any kind of leave and to perform journey covering distance of 800 kms to attend the Court on every date of adjournment and that Cr.No.60 of 2017 registered against the respondent for the offences punishable under Section 498-A IPC and under Sections 3 and 4 of Dowry Prohibition Act, is pending for investigation on the file of Mahila Police Station, Saroornagar, Ranga Reddy District, and therefore, she requested this Court to withdraw and transfer the petition. 2.

Petitioner expressed her inability to appear before the Court at Srikakulam as it is difficult for her to get any kind of leave. But that itself is not a ground since she can as well apply for appointment of advocate commissioner for recording her cross-examination in view of the amended provisions of CPC. Therefore, the grounds urged in the petition are not sufficient to withdraw and transfer the petition to the Family Court at Ranga Reddy District. However, the Additional Senior Civil Judge, Srikakulam, is directed not to insist the appearance of petitioner on every date of adjournment, except on the dates when her presence is required for recording her cross-

MSM,J Tr.CMP.No.439 of 2017 examination as long as she is represented by her counsel and prosecuting the case on her behalf. This direction does not preclude the Additional Senior Civil Judge, Srikakulam, to pass any order in accordance with law, in the event, she is not represented by her counsel and prosecuting the case.

3.

With the above direction, the Transfer Civil Miscellaneous Petition is disposed of. No order as to costs. Miscellaneous petitioners, if any, pending in the petition shall stand closed. _____________________________ M. SATYANARAYANA MURTHY, J 13th July, 2017 sj