Smt. K.Mounika v. Ramasanjeeva Reddy
HONOURABLE SRI JUSTICE S.RAVI KUMAR TRANSFER C.M.P.No.763 OF 2015 Dated 17-2-2016 Between:
K.Mounika.
...Petitioner.
And:
V.Ramasanjeeva Reddy.
...
Respondent.
HONOURABLE SRI JUSTICE S.RAVI KUMAR TRANSFER C.M.P.No.763 OF 2015 ORDER:
This application is filed to withdraw O.P.No.1503 of 2015 from Family Court, Ranga Reddy and transfer the same to any court having jurisdiction at Nandyal. Wife filed this application and according to her affidavit, their marriage took place on 10-8-2014 at Kodhanda Ramalayam Temple, Sanjeeva Nagar, Nandyal as per Hindu Customs and Rituals and due to disputes, they are now living separately and she filed maintenance case at Nandyal and she also lodged a complaint under Section 498-A I.P.C. which is at crime stage, respondent filed O.P for divorce at Ranga Reddy Court and taking her convenience into consideration, she sought for transfer of O.P.1503 of 2015 from Family Court Ranga Reddy District to any court having jurisdiction at Nandyal.
Respondent filed counter opposing application and contended that there are other cases pending at Hyderabad including the criminal cases where wife also as accused attending courts at Hyderabad and
therefore, the request of wife is not reasonable. Heard both sides.
As seen from the affidavit and counter affidavit, it is clear that there are several proceedings between the parties including criminal cases.
The main ground on which petitioner sought transfer of this application is that she got life threat at Hyderabad and to support her contention, she has referred to some instances that took place and in respect of those instances, reports are given and matter is still under consideration.
The objection of respondent is that he has got life threat at Nandyal and he was also attacked and in that connection, criminal cases are pending. Now considering contentions and rival contentions of both parties and without going into correctness of the allegations made against each other, I am of the view that by transferring this case to a middle place, the apprehension of both parties with regard to life threat can be meted out.
After hearing both sides, I feel that Kurnool Family Court is the neutral place for both of them. For the above reasons, O.P.No.1503 of 2015 is withdrawn from Family Court, Ranga Reddy and transferred to Family Court, Kurnool, for disposal in accordance with law.
As the respondent is an employee working at Hyderabad, his presence before Family Court, Kurnool for each and every adjournment is dispensed with. However, he shall appear as and when his physical presence is required by the court. Accordingly, this application is disposed of. No costs.
As a sequel to the disposal of this petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
_______________________ JUSTICE S.RAVI KUMAR Dated 17-2-2016.
Dvs HONOURABLE SRI JUSTICE S.RAVI KUMAR TRANSFER C.M.P.No.763 OF 2015 Dated 17-2-2016 Dvs