Smt.Chitta Dharithri , Vyshnavi, v. China Leela Gopala Krishna Prasad,
HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CIVIL MISCELLANEOUS PETITION No.774 of 2014 ORDER:
This petition is filed to withdraw O.P.No.562 of 2014 from the file of Family Court, Vijayawada, Krishna District and transfer the same to Senior Civil Judge's Court, Bhimavaram, West Godavari District for disposal in accordance with law.
2. Petitioner herein is wife and she filed her affidavit in support of petition, according to which, her marriage with respondent was performed on 01.08.2009, and due to harassment, she is living in Bhimavaram at her parents' house. She stated that husband filed O.P.No.567 of 2012 and after counselling, the same was withdrawn, but immediately he filed the present O.P.No.562 of 2014 for dissolution of marriage before Family Court, Vijayawada. Petitioner/wife stated that she is financially weak and it is difficult for her to travel from Bhimavaram to Vijayawada for defending this O.P.No.562 of 2014 and that she has to maintain a small girl child. She further stated that she has no male assistance to accompany her from Bhimavaram to Vijayawada, for these reasons, she prayed for transfer of O.P.No.562 of 2014 from Family Court, Vijayawada to Senior Civil Judge's Court, Bhimavaram.
3. Respondent in spite of service of notice neither appeared in person nor through any advocate.
4. Heard advocate for petitioner.
5. Advocate for petitioner/wife submitted that petitioner is financially weak and she is now dependant on the mercy of her parents.
He submitted though maintenance is granted,
respondent/husband is not paying anything and that she cannot undertake journey from Bhimavaram to Vijayawada for the purpose of defending this O.P.No.562 of 2014.
6. I have perused the material papers including affidavit of petitioner filed along with transfer petition. Considering the reasons stated in the affidavit and also considering the convenience of wife, O.P No.562 of 2014 is withdrawn from the file of Family Court, Vijayawada, Krishna District and transferred to Senior Civil Judge's Court, Bhimavaram, West Godavari District for disposal in accordance with law.
7. Accordingly, the Transfer Miscellaneous Petition is allowed. No costs. As a sequel, miscellaneous petitions, if any filed in this civil miscellaneous petition, shall stand closed.
___________________ S. RAVI KUMAR, J Date: 10.03.2015.
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