Smt.S.Srividya,Srividyarani v. S.Venkata Shivudu

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.194 of 2013 ORDER:

This petition is filed to withdraw marriage O.P.No.26 of 2012 from the file of Senior Civil Judge, Allagadda, Kurnool District, and transfer the same to Family Court, Ranga Reddy.

2. Wife filed this petition and according to her affidavit, her marriage was performed with respondent-husband on 16.05.2009 and due to differences she is living separately and staying in a rented house at Huda Colony, Chandanagar, nearby to her parent's house.

She contended that she lodged a complaint with Chandanagar Police Station, who registered the same as Crime No.591 of 2012 and the same is pending. She also contended that she filed M.C.No.40 of 2013 claiming maintenance of Rs.10,000/- for herself and Rs.5,000/- for her son and the M.C. is pending before Family Court, Ranga Reddy. She contended that it is difficult for her to attend the Court at Allagadda with her minor son, which is at a distance of more than 200 kms., for the purpose of defending marriage O.P.No.26 of 2012 and that there are no one to accompany her, therefore, she prayed for transfer of marriage O.P. from Allagadda to Ranga Reddy.

3. Respondent-husband filed counter disputing the affidavit averments of petitioner and contended that he is willing to take back his wife and the allegations of

harassment are false and created for the purpose of transfer C.M.P. It is further contended that he is a un-employee and it is difficult for him to come to Ranga Reddy and that there are no valid grounds for transfer.

4. Heard both sides.

5. Both advocates submitted their arguments in support of respective contentions of their clients.

6. I have perused the material papers including the counter of respondent. As seen from the material papers, 498-A case and M.C. case are pending in Ranga Reddy Court and respondent herein has to attend Ranga Reddy Court in connection of both the cases.

Therefore, considering the reasons stated in the affidavit and also convenience of wife, marriage O.P.No.26 of 2012 is withdrawn from Senior Civil Judge, Allagadda, Kurnool District, and transferred to Family Court, Ranga Reddy, for disposal in accordance with law.

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

8. Miscellaneous Petitions pending, if any, shall stand dismissed.

__________________ S. RAVI KUMAR, J 19th March 2015.

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