Palagiri Arunalatha v. Palagiri Ramakrishna

HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CIVIL MISCELLANEOUS PETITION No.441 of 2014 ORDER:

This petition is filed to withdraw F.C.O.P.No.75 of 2012 from the file of Family Court, Kadapa and transfer the same to Family Court, Ranga Reddy District for disposal in accordance with law.

2. Petitioner herein is wife and she filed her affidavit in support of the petition, according to which, her marriage with respondent was performed on 16.12.1993 and since 2011 due to disputes they are residing separately. According to her affidavit, petitioner shifted her residence to Kukatpalli for the education purpose of children and she filed M.C.No.32 of 2014 before Family Court, Ranga Reddy, therefore, O.P filed by respondent for divorce pending on the file of Kadapa Family Court has to be transferred to Family Court, Ranga Reddy District.

3. Respondent in spite of taking time, failed to file any counter disputing the affidavit averments of petitioner.

4. Heard arguments.

5. As seen from the material papers, petitioner/wife filed maintenance case before Family Court, Ranga Reddy and the same is pending and the allegations and counter allegations in both the cases are one and the same. Therefore, considering the convenience of wife and also for the reasons assigned in the affidavit, which remained unchallenged, I feel that the request of wife for transfer of F.C.O.P.No.75 of 2012 from Kadapa Court can be considered.

6. Therefore, F.C.O.P.No.75 of 2012 is withdrawn from the file of Family Court, Kadapa and transferred to Family Court, Ranga

Reddy to be tried along with M.C.No.32 of 2014 pending before Family Court, Ranga Reddy.

7. Accordingly, the Transfer Miscellaneous Petition is allowed. No costs. As a sequel, miscellaneous petitions, if any filed in this civil miscellaneous petition, shall stand closed.

___________________ S. RAVI KUMAR, J Date: 13.02.2015.

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