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High Court for State of TelanganaTRCMP/502/2015allowed no costs

Smt. Kollipara Radhika, v. Sri. Kollipara Hanumantha Rao,

2015-11-02A.Rajasheker Reddy3 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY Tr.C.M.P.No.502 of 2015 ORDER:

This petition is filed to withdraw the H.M.O.P.No.56 of 2015 from the file of Principal Senior Civil Judge, Tenali, Guntur District and transfer the same to Family Court, City Civil Court, Hyderabad.

The case of the petitioner is that respondent is her husband and their marriage was solemnized on 03-05-1995 as per Hindu customs at T.T.D.Kalyana Mandapam, Kodad, Nalgonda District and they lived for some time at Visakhapatnam and left to Hyderabad. It is stated that thereafter, the respondent left for United States and thereafter, he came back to Hyderabad and staying in Hyderabad. Their only daughter was also being educated in Hyderabad. But quite strangely, the respondent filed OP.NO.56 of 2015 on the file of Principal Senior Civil Judge, Tenali, for grant of divorce, however no cause of action within the said jurisdiction. It is also stated that the petitioner along with her daughter is residing at Hyderabad and she is unable to defend O.P. filed by the respondent at Tenali because of lack of male assistance and due to lack of funds.

Though notice is served on the respondent, there is no appearance and no counter is filed.

Heard learned counsel for the petitioner.

Since the averments made by the petitioner in the affidavit are uncontroverted and in view of the averments asserted in the affidavit filed in support of the petition, I am of the opinion that it is a fit case to consider the case of the petitioner.

Having regard to the above, O.P.No.56 of 2015 is withdrawn from

Principal Senior Civil Judge, Tenali, Guntur District and transferred to Family Court, City Civil Court, Hyderabad for disposal in accordance with law. Accordingly, the Transfer C.M.P. is allowed. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 02-11-2015 Nvl