Smt. Rajani Konduri v. Aneel Bathena

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.355 of 2014 ORDER:

This petition is filed to transfer O.P.No.307 of 2014 from Family Court, Ranga Reddy, to Senior Civil Judge's Court, Nuzvid, Krishna District.

2. Petitioner-wife filed this petition contending that her marriage was performed on 30.05.2013 at Nuzvid and due to disputes respondent-husband left her at her parents' house and subsequently filed O.P.No.307 of 2014 for dissolution of marriage at Family Court, Ranga Reddy. She contended that she apprehend danger to her life at Hyderabad and that she also contended that it is difficult for her to travel from Nuzvid to Hyderabad, which is about 300 kms. to defend the case. She further contended that she has no financial capacity to attend the Court for each and every adjournment as she is depending on her parents, who are old aged persons. She contended that she has not filed any criminal case against respondent with a fond hope that he will take her back, therefore, she sought for transfer of O.P.No.307 of 2014 from Ranga Reddy to Nuzvid on the ground of her convenience.

3. Respondent-husband filed counter disputing the affidavit averments of petitioner and contended that he got job in a private company with great difficulty and if case is

transferred to Nuzvid, it is difficult for him to apply for leave for the purpose of attending the Court.

He further contended that he will get mental disturbance at Nuzvid and he has life threat there and that he is willing to pay the expenses for the travel purpose and that petitioner has got close relatives at Hyderabad and prayed for dismissal of transfer C.M.P.

4. Heard both sides.

5. Both advocates submitted their arguments in support of respective contentions of their clients. I have perused the material papers including affidavit and counter-affidavit of both parties. As both petitioner and respondent attributed life threat at respective places i.e., Ranga Reddy and Nuzvid, by considering the convenience of wife, I feel O.P.No.307 of 2014 can be transferred to a nearer place to Nuzvidu.

6. Accordingly, O.P.No.307 of 2014 is withdrawn from Family Court, Ranga Reddy and transferred to Family Court, Vijaywada, for disposal in accordance with law. Family Court, Vijaywada, shall dispense with the presence of respondent herein for each and every adjournment. However, he shall appear as and when his physical presence is necessary for any specific purpose.

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

8. Miscellaneous Petitions, if any, shall stand closed. __________________ S. RAVI KUMAR, J 3rd March 2015.

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