Chinta Bhavya Reddy v. Karri Chandrasekhara Reddy

HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CIVIL MISCELLANEOUS PETITION No.98 of 2016 ORDER:

This petition is filed to withdraw H.M.O.P.No.149 of 2015 from the file of Additional Senior Civil Judge, Srikakulam and transfer the same to Senior Civil Judge, Tanuku, West Godavari District.

2. Wife filed this petition. According to her affidavit her marriage with respondent was solemnized on 21.11.2007 at TTD Kalyana Mandapam, Anaparthi Village in East Godavari District as per Hindu rites and custom and after marriage, due to disputes petitioner was driven out from the marital home and she is now residing with her parents at Velpur in West Godavari District. She contended that respondent filed HMOP No.149 of 2015 for dissolution of marriage. She further contended that she has no financial assistance to meet the travelling expenses from Velpur to Srikakulam and that she has no male assistance to escort her from Velpur to Srikakulam. She further stated that distance between her place of residence and Srikakulam is more than 350 KMs and she being a woman it is highly inconvenient for her to undertake travel for such long distance without any male assistance. She further stated that she is apprehending danger to her life and limb from respondent at Srikakulam. For these reasons, she prayed for transfer of OP from Srikakulam to Tanuku.

3. On 15.03.2016 this Court permitted petitioner to take out fresh notice directly to respondent and also through advocate on record in the lower Court and file proof of service. In compliance

of the said order, advocate for petitioner filed Memo on 28.03.2016 stating that notice sent to respondent was served and filed postal acknowledgment to that effect.

As seen from the postal acknowledgment, respondent received notice on 21.03.2016. In spite of service of notice respondent neither appeared in person nor through any advocate.

4. Heard arguments.

5. Considering the reasons stated in the affidavit filed in support of the petition and also considering the convenience of wife, H.M.O.P.No. 149 of 2015 is withdrawn from the file of Additional Senior Civil Judge, Srikakulam and transferred to Senior Civil Judge, Tanuku, West Godavari District for disposal in accordance with law.

6. Accordingly, this Transfer Civil Miscellaneous Petition is ordered. No costs. As a sequel, miscellaneous petitions, if any filed in this civil miscellaneous petition, shall stand closed. __________________ S. RAVI KUMAR, J Date: 29-03-2016 gvl