Chinthala Rajeshwari v. Chinthala Sridhar

THE HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.269 of 2016 ORDER:

This application is filed to withdraw O.P.No.7 of 2016 from the file of Senior Civil Judge, Jangoan, Warangal District, and transfer the same to Family Court, Karimnagar.

2. Wife filed this application. According to her affidavit, her marriage with respondent was solemnized on 19.02.2006 at Karimnagar as per Hindu rites and caste custom and that respondent joined her at her residence at Karimnagar as illutam son-in-law. She stated that during their wedlock, two children were born who are now aged 10 years and 8 years. She stated that respondent filed O.P.No.7 of 2016 before Senior Civil Judge, Jangoan, Warangal District, with false allegations and that it is difficult for her to attend the Court at Jangoan, which is nearly 150 kilometres from her parents house. She further stated that her children are school going children and it is difficult for her to attend Court at Jangoan leaving her children at Karimnagar. For these reasons, she prayed for transfer of O.P.No.7 of 2016 from the Court of Senior Civil Judge, Jangoan, Warangal District, to Family Court, Karimnagar.

3. This Court permitted petitioner to take out personal notice to respondent through his advocate on record in lower Court by Registered Post with Acknowledgement Due and in compliance of the said order, advocate for petitioner filed a memo dated 08.08.2016 stating that notice sent to respondent's advocate in lower Court is duly served and filed postal acknowledgement along with memo. In spite of service of notice on his advocate in lower Court, respondent neither appeared in person nor through any advocate.

4. Heard arguments of advocate for petitioner.

5. Considering the reasons stated in the affidavit filed in support of this petition and also considering the convenience of wife, O.P.No.7 of 2016 is withdrawn from the file of Senior Civil Judge, Jangoan, Warangal District, and transferred to Family Court, Karimnagar, for disposal in accordance with law.

6. The petition is ordered accordingly. No costs. Miscellaneous petitions, if any, pending in this petition, shall stand dismissed. ___________________ S. RAVI KUMAR, J 17th August, 2016.

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