Smt.Uppari Radha v. Uppari Dasharath

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.355 of 2013 ORDER:

This petition is filed to withdraw O.P.No.10 of 2012 from the file of Senior Civil Judge, Zaheerabad, Medak district, and transfer the same to any competent Court at Hyderabad.

2. Petitioner-wife filed this petition and according to her affidavit her marriage was performed on 23.04.2006 at Madgi Village, Medak district and as respondent-husband started harassing her, she is staying with her mother at Hyderabad and respondent filed O.P.No.10 of 2012 seeking dissolution of marriage with false and untenable grounds. She contended that she has got life threat at Zaheerabad, which is native place of her husband and she has no means to maintain her self and she is now depending on her aged mother and it is difficult for her to meet the travel expenses from Hyderabad to Zaheerabad, which is more than 120 kms. She further contended that she has got a small kid and it is difficult for her to undertake journey for 120 kms. with the kid, therefore, she prayed for transfer of O.P.No.10 of 2012 from Senior Civil Judge, Zaheerabad, to any competent Court at Hyderabad

3. Notice sent to respondent both by court and by advocate for petitioner are returned with an endorsement

'refused' and no one appeared on behalf of respondent.

4. Heard advocate for petitioner. It is submitted as respondent refused to receive notice in this petition, it has to be treated that he has no objection for transfer.

5. Considering the submission of advocate for petitioner and also reasons stated in the affidavit and considering the convenience of wife, O.P.No.10 of 2012 is withdrawn from Senior Civil Judge, Zaheerabad, Medak District and transferred to Family Court, Hyderabad, for disposal in accordance with law.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.

mar