U.Shobana v. M.Mallikarjuna

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.353 of 2013 ORDER:

This petition is filed to transfer F.C.O.P.No.312 of 2013 from the file of Family Court, Secunderabad, to any competent Court at Madanapalle.

2. Petitioner-wife filed this petition contending that her marriage was performed on 12.08.2012 with respondent-husband at Madanapalle and she lived with her husband at Hyderabad for some time, where she came to know that her husband is having illegal contacts with one Bhagyalakshmi @ Swetha and that she was necked out from the matrimonial home. She contended that due to harassment, she lodged a complaint with Madanapalle II town Police Station and the same is registered as Crime No.119 of 2013 for offence under Sections 498-A, 506 and 420 I.P.C and Sections 3 and 4 of the Dowry Prohibition Act and coming to know about the same, respondent filed F.C.O.P.No.312 of 2013 for restitution of conjugal rights only to harass her. She further contended that she is depending on her parents and it is difficult for her to meet the travel expenses from Madanapalle to Hyderabad to defend the O.P and it is also difficult for her to travel such a long distance of 550 kms. She further stated that as it is difficult for her to come all the way from Madanapalle to Secunderabad, she

prayed for transfer of O.P. from Secunderabad to Madanapalle.

3. Respondent in spite of service of notice neither appeared in person nor through any advocate.

4. Heard arguments

5. Considering the reasons stated in the affidavit, which remained un-rebutted, and also considering the convenience of wife, F.C.O.P.No.312 of 2013 is withdrawn from Family Court, Secunderabad and transferred to Senior Civil Judge, Madanapalle, for disposal in accordance with law

6. Accordingly, transfer C.M.P. is ordered. No costs.

7. Miscellaneous petitions, if any, shall stand dismissed.

__________________ S. RAVI KUMAR, J 27th February 2015.

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