Smt. G.Naga Nimilitha v. B.Murali Mohan

HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.C.M.P.No. 147 of 2016 ORDER:

This application is filed to withdraw O.P.No.68 of 2016 from XIV Additional District Court-cum-Additional Family Court, Vijayawada, to Additional Family Court, Malkajgiri, Ranga Reddy District.

2. Wife filed this application. According to her affidavit, her marriage with respondent was performed on 10.05.2015 at Saket, Malkajgiri Mandal, Ranga Reddy District, and she joined respondent at Bangalore, thereafter, due to harassment, she took shelter at her parents' house in Defence Colony, Malkajgiri. She stated that she filed a criminal complaint before Neredmet Police, which is registered as Crime No.719 of 2015 for the offences under Section 498-A IPC and Sections 3 & 4 of Dowry Prohibition Act. It is stated that the respondent filed O.P. for restitution of conjugal rights before Family Court, Vijayawada, in O.P.No.68 of 2016 and she is working in Tata Consultancy Services, Hyderabad, and the respondent is working and residing at Bangalore. She stated that the respondent with a crude and unfair mind filed the O.P. before Family Court, Vijayawada, where neither she nor the respondent resides, but only parents of the respondent reside. It is stated that O.P.No.68 of 2016 is to be withdrawn from Family Court, Vijayawada,

and transferred to Additional Family Court, Malkajgiri, Ranga Reddy District.

3. This Court permitted the petitioner to take out personal notice to the respondent through registered post with acknowledgment due and file proof of service. In compliance of the said order, advocate for petitioner filed a memo on 22.03.2016 along with postal acknowledgments showing that notices were taken both for Vijayawada address and Bangalore address and both the notices were duly served. In spite of service of notice, respondent neither appeared in person nor through any advocate.

4. Heard.

5. Considering the reasons stated in the affidavit and also considering the convenience of the wife, O.P.No.68 of 2016 is withdrawn from Additional Family Court, Vijayawada, and transferred to Additional Family Court, Malkajgiri, Ranga Reddy District, for disposal, in accordance with law.

6. Accordingly, the petition is ordered.

7. Consequently, miscellaneous petitions if any pending shall stand closed.

__________________ S. RAVI KUMAR, J 12th April, 2016 cbs

HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.C.M.P.No. 147 of 2016 12th April, 2016

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