Yenne Roja Rani v. Yenne Venkata Kishore Babu

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.735 of 2015 ORDER:

This petition is filed to withdraw H.M.O.P.No.165 of 2015 from the file of XIV Additional District Judge-cumAdditional Family Court, Krishna District at Vijayawada, and transfer the same to Nuzvid, Krishna District.

2. Wife filed this application and according to her affidavit, her marriage with respondent was performed on 16.10.2002 at Eluru, West Godavari District as per Hindu rites and customs. She stated that she was blessed with two female children and due to harassment she lodged a complaint with Station House Officer, Agiripalli, Krishna District, which is registered as Crime No.104 of 2015 and the same is pending investigation. She stated that she also filed a complaint before Protection Officer under Domestic Violence Protection Act and as a counter blast, the respondent filed H.M.O.P.No.165 of 2015 before XIV Additional District Judge-cum-Additional Family Court, Krishna District at Vijayawada, seeking dissolution of marriage. She stated that she is taking shelter in her parents' house and living under their mercy and she cannot meet travel expenses from Nuzvid to Vijayawada for defending H.M.O.P., therefore, she prayed for transfer of H.M.O.P.No.165 of 2015 from XIV Additional District Judge-cum-Additional Family Court, Krishna District at

Vijayawada, to Nuzvid Court.

3. Respondent in spite of service of notice neither appeared in person nor through any Advocate.

4. Heard arguments.

5. Advocate for petitioner submitted that initially affidavit is filed seeking transfer of H.M.O.P.No.165 of 2015 from XIV Additional District Judge-cum-Additional Family Court, Krishna District at Vijayawada, to Family Court, Nuzvid, and the same was stated without knowing about the establishment of Courts and petitioner filed additional affidavit stating that there is no Family Court at Nuzvid and the family matters are dealt by Senior Civil Judge, Nuzvid, which is competent Court and submitted that H.M.O.P.No.165 of 2015 from XIV Additional District Judge-cum-Additional Family Court, Krishna District at Vijayawada, may be transferred to Senior Civil Judge, Nuzvid.

6. Considering the submissions of advocate for petitioner and considering the affidavit and additional affidavit of petitioner, H.M.O.P.No.165 of 2015 is withdrawn from XIV Additional District Judge-cumAdditional Family Court, Krishna District at Vijayawada, and transferred to Senior Civil Judge, Nuzvid, Krishna District, for disposal in accordance with law.

7. Accordingly, transfer C.M.P. is ordered.

8. Miscellaneous petitions pending, if any, shall stand

closed.

__________________ S. RAVI KUMAR, J 9th March 2016.

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