Bondili Hari Priya v. Bondili Subbi Singh,

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.34 of 2016 ORDER:

This petition is filed to withdraw H.M.O.P.No.187 of 2015 from the file of Senior Civil Judge, Nuzvid, Krishna District, and transfer the same to Senior Civil Judge, Markapuram.

2. Wife filed this petition and according to her affidavit, her marriage took place on 04.10.2009 at Markpuram as per caste rites and customs and after marriage she was harassed and driven out from the matrimonial home and she is now living at Markapuram and husband filed H.M.O.P.No.187 of 2015 before Senior Civil Judge, Nuzvid, for dissolution of marriage and it is difficult for her to travel all the way from Markapuram to Nuzavid along with two small children, who are aged about 4 and 2 years respectively. She also stated that she has no relatives at Nuzvid to take shelter to attend the Court proceedings and it is highly inconvenient for her to travel all the way from Markapuram to Nuzvid, which is not directly connected, therefore, she prayed for transfer of H.M.O.P.No.187 of 2015 from Nuzvid to Markapuram.

3. Respondent-husband filed counter disputing the affidavit averments of petitioner and contended that there are no valid grounds to transfer the case from Nuzvid to Markapuram.

4. Heard arguments.

5. Both sides submitted their arguments in support of respective contentions of their parties.

6. Advocate for respondent-husband submitted that there is a life threat at Markapuram, therefore, the matter may be transferred to a third place, which is convenient and equal in distance from the respective place of residences of both parties. Advocate for petitioner-wife submitted that Nuzvid is 120 km. from Markapuram and there is no direct train facility and it is difficult for her to travel such 120 km. distance with two small children and requested to transfer the case to Darsi. Advocate for respondent submitted that Darsi is 195 km. from Nuzavid and it is difficult for the husband as there is no direct transport from Nuzvid to Darsi. For which, both parties suggested places in and around Markapuram showing their distances.

7. Considering the submission of both sides and considering the distances as produced by the parties, I feel that Ongole, which is District Headquarter of Markapuram where there is also a Family Court, would be convenient for both parties.

8. For these reasons, H.M.O.P.No.187 of 2015 is withdrawn from Senior Civil Judge, Nuzvid, and transferred to Family Court, Ongole, for disposal in accordance with law.

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

10. Miscellaneous petitions pending, if any, shall stand closed.

__________________ S. RAVI KUMAR, J 25th February 2016.

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