Pathuri Kalpana v. Pathuri Bharath Reddy

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.542 of 2014 ORDER:

This petition is filed to withdraw F.C.O.P.No.1102 of 2014 from the file of Family Court, Ranga Reddy District at L.B.Nagar, and transfer the same to Family Court, Khammam.

2. Wife filed this petition and according to her affidavit, the marriage was performed with respondent on 11.02.2013 at Badrachalam, Khammam District, and due to disputes she is now living separately at her parents'

house. She contended that husband filed F.C.O.P.No.1102 of 2014 before Family Court, Ranga Reddy District, and it is difficult for her to attend at Ranga Reddy Court. She further contended that she filed D.V.C. before III Additional Judicial First Class Magistrate, Khammam and also filed M.C.No.55 of 2014 before Family Court, Khammam besides 498-A IPC case and respondent is attending Khammam Courts for all these proceedings and by pleading her convenience, she prayed for transfer of F.C.O.P.No.1102 of 2014 from Ranga Reddy to Khammam.

3. Husband filed counter disputing the affidavit averments of wife and according to his counter-affidavit, he is presently working at Bangalore as Software Engineer and it is difficult for him to travel from Bangalore to Khammam and it would be convenient for him to travel from Bangalore to Hyderabad and on these grounds, he opposed transfer of F.C.O.P.No.1102 of 2014 from Ranga Reddy to Khammam.

4. Heard both sides.

5. Both sides submitted their arguments supporting the respective contentions of their clients.

6. I have perused the material papers including affidavit of petitioner and counter-affidavit of respondent.

7. Considering the submissions of both sides, I feel that the request of petitioner can be considered by dispensing with the presence of respondent-husband before Family Court, Khammam, for each and every adjournment.

8. For these reasons, F.C.O.P.No.1102 of 2014 is withdrawn from Family Court, Ranga Reddy District at L.B.Nagar and transferred to Family Court, Khammam for disposal in accordance with law. Family Court, Khammam, shall dispense with the presence of respondent herein for each and every adjournment. However, he shall appear as and when his physical presence is necessary for any specific purpose.

9. Accordingly, transfer C.M.P. is ordered. No costs.

10. Miscellaneous Petitions pending, if any, shall stand dismissed. __________________ S. RAVI KUMAR, J 9th April 2015.

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