Smt. P.Ramani Sri, v. Sri P.Srinivasa Rao
HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.38 of 2016 ORDER :
This petition is filed to withdraw OP No.993 of 2015 from the file of Additional Family Court, Visakhapatnam and transfer the same to Family Court, Warangal for disposal in accordance with law.
2. Wife filed this petition. According to her affidavit, her marriage with respondent was performed on 29.08.1999 at Visakhapatnam as per Hindu rites and custom and respondent used to work at Kazipet in South Central Railways at the time of marriage and after marriage, petitioner and respondent lead their matrimonial life for three months at Kazipet, thereafter they shifted to Visakhapatnam. She stated that in November 2011, she was necked out from the matrimonial home and having no other alternative she went to Kazipet and staying there with her brother who is taking care of her. She stated that she lodged a complaint with Station House Officer, Kazipet Police Station under Section 498-A IPC and Sections 3 & 4 of Dowry Prohibition Act, which is registered as CC No.376 of 2014 now pending on the file of I Additional Metropolitan Magistrate, Warangal and that she also filed FCOP No.360 of 2014 before Family Court, Warangal for maintenance.
She further stated that respondent herein filed FCOP No.1289 of 2014 for restitution of conjugal rights before Family Court, Visakhapatnam and the same was transferred to Family Court, Warangal on the request of petitioner by this Court as per order dated 19.02.2015 in Tr.C.M.P.No.157 of 2015 and thereafter respondent again filed the present O.P.No.993 of 2015 before Family Court, Visakhapatnam for divorce only with a view
to harass her. She further stated that it is difficult for her to travel from Warangal to Visakhapatnam, which is more than 500 KMs and by taking her convenience into consideration, O.P.No.993 of 2015 is to be transferred from Family Court, Visakhapatnam to Family Court, Warangal.
3. On 28.01.2016, this Court permitted petitioner to take out personal notice to respondent through registered post with acknowledgment due and file proof of service and in compliance of the said order, advocate for petitioner filed Memo on 18.02.2016 stating that a notice was sent to respondent on 06.02.2016 and as per postal track report article was delivered to respondent on 12.02.2016. He further submitted that after transfer of earlier O.P.No1289 of 2014 to Family Court, Warangal, respondent herein has withdrawn that OP and again filed this OP.
4. I have perused the material papers including the earlier order passed by this Court in Tr.CMP No.157 of 2014, dated 19.02.2015.
5. Considering the reasons stated in the affidavit and also considering the convenience of wife, OP No.993 of 2015 is withdrawn from the file of Additional Family Court, Visakhapatnam and transferred to Family Court, Warangal for disposal in accordance with law.
6. Accordingly, this Transfer Civil Miscellaneous Petition is ordered. No costs. Miscellaneous Petitions, if any pending in this petition, shall stand closed.
__________________ S. RAVI KUMAR, J Date: 29.02.2016.
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