V Jeevana Jyothi, Vizianagaram Dist v. V Rama Krishna, Visakhapatnam
HON'BLE SRI JUSTICE A. SHANKAR NARAYANA TRANSFER C.M.P. No.635 OF 2015 ORDER:
Sri S. Sridhar, learned counsel for the petitioner, would submit that the petitioner - wife viz., Vanjarana Jeevana Jyothi filed the complaint under Section 498-A of Indian Penal Code, 1860, and Sections 3 and 4 of Dowry Prohibition Act, 1964, and the same is pending on the file of local Court i.e., learned Magistrate's Court at Bobbili. He would submit that it would be difficult for the petitioner to travel all the way from Bobbili to Visakhapatnam to attend the case in O.P. No.703 of 2015 pending on the file of the Judge, Family Court at Visakhapatnam, which is at a distance of about 150 K.Ms., as she got children.
2. Though, service is effected, none appears for the respondent - husband viz., Vanjarana Rama Krishna.
3. Thus, the allegations made in the present transfer petition stand uncontroverted.
4. Even otherwise, keeping the distance, in view of the fact that she requires male assistance to accompany her to attend the O.P. pending on the file of the Family Court at Visakhapatnam, which accounts for severe hardship to her, the present Transfer Civil Miscellaneous Petition is allowed. Consequently, O.P. No.703 of
ASN,J Tr. C.M.P. No.635 OF 2015 2015 pending on the file of the Judge, Family Court, Visakhapatnam, is withdrawn and transferred to the Senior Civil Judge's Court at Bobbili, for trial and disposal in accordance with law. There shall be no order as to costs.
5. As a sequel thereto, Miscellaneous Applications, if any, pending in the present Transfer Civil Miscellaneous Petition stand closed.
___________________________ A. SHANKAR NARAYANA, J April 27, 2018.
PV