Thokala Srilatha v. Thokala Srinivas

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO TRANSFER CRIMINAL PETITION No.83 of 2013 ORDER:

None appears for the 1st respondent in spite of notice being served.

This petition is filed seeking transfer of M.C.No.80 of 2012, which is pending on the file of Family Court, Ranga Reddy District at L.B.Nagar to the Court of learned II Additional Judicial First Class Magistrate, Kothagudem, Khammam District.

The 1st respondent herein was the complainant and the petitioner in M.C.No.80 of 2012. He filed M.C.No.80 of 2012 under Section 125 of Cr.P.C. praying the Court to order the respondent to pay maintenance at Rs.6,000/- per month. It is stated that the petitioner is R/o.Kothagudem staying with her parents and that she is not employed anywhere and the question of her maintaining the respondent herein is a far fetched claim as the petitioner herein does not have any independent source of living of her own. It is also contended by the learned counsel that the divorce O.P. filed by the respondent is also now transferred to Kothagudem and the D.V.C. filed by the petitioner herein was pending at Kothagudem and respondent herein is attending the said case. Therefore, it will be appropriate for the Court to transfer M.C.No.

80 of 2012, which is pending on the Family Court, Ranga Reddy District at L.B.Nagar to the Court of II Additional Judicial First Class Magistrate, Kothagudem, Khammam District. Since the petitioner herein, who is the respondent in M.C.80 of 2012, is normally residing at Kothagudem, it is only appropriate that the M.C. should be transferred to Kothagudem, so that, she will be able to contest the same without facing much hardship or difficulty. Accordingly, this transfer criminal petition is allowed. Consequently, miscellaneous petitions, if any pending shall also stand dismissed.

_______________________________________ JUSTICE NOOTY RAMAMOHANA RAO 23.06.2015 ska