Smt. Utla Meenakshi, E.G.Dist v. Utla Mohana Krishna, W.G.Dist

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Transfer Civil Miscellaneous Petition No.605 of 2017 ORDER:

This transfer civil miscellaneous petition, under Section 24 of the Code of Civil Procedure, 1908, is filed by the petitioner-wife requesting to withdraw HMOP.No.9 of 2017 on the file of the Family Court, West Godavari District at Eluru and transfer the same to the Family Court, Rajamahendravaram, East Godavari District on various grounds including the ground that she is having suckling child of nine months age and that in that view of the matter she is not in a position to undertake travel from Rajahmundry to Eluru to attend the Court Case pending in the Court at Eluru.

2.

I have heard the submissions of Sri A.K. Kishore Reddy, learned counsel for the petitioner-wife, and of Sri K. Vasanth Rao, learned counsel for the respondent-husband. I have perused the material record. 3.

Learned counsel for the respondent-husband submits that the respondent is a marine engineer and he is working in Indian Navy and that he will be on high seas for six months in an year and on the land for the remaining six months and that at present he is discharging duties on land and, therefore, in case, the request of the petitioner is considered the Family Court, Rajamahendravaram, may be directed to dispose of the OP within six (06) weeks in the interests of justice.

4.

Having regard to the facts and submissions, the Transfer Civil Miscellaneous Petition is allowed and the HMOP.No.9 of 2017 is withdrawn from the file of the Family Court, West Godavari District at Eluru and is transferred to the Family Court, Rajamahendravaram. The transferor Court is directed to transmit the duly indexed record to the transferee Court within one (01) week from the date of receipt of a copy of this order, if necessary by a special messenger to avoid any delay in transmission of the record. On such receipt of the record from the transferor Court, the Family Court, Rajamehndravaram,

shall dispose of the HMOP as expeditiously as possible and preferably within a period of six (06) weeks from the date of receipt of the record. To avoid any loss of time in service of notices by the transferee Court, the parties herein are directed to appear before the Family Court, Rajamahendravaram, on 09.10.2017 at 10:30 A.M.

There shall be no order as to costs.

Miscellaneous petitions pending if any shall stand closed. _________________________ JUSTICE M. SEETHARAMA MURTI 21.09.2017 Note: Issue CC by 25.09.2017.

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