High Court for State of TelanganaTRCMP/304/2016allowed no costs

Polu Sarada Anupama v. Poli Praveen Sri Kumar

2018-04-13A.Shankar Narayana2 pages

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA Tr.C.M.P.No.304 OF 2016 ORDER:

The present transfer petition, under Section 24 of the Code of Civil Procedure, 1908, is filed seeking to withdraw F.C.O.P.No.188 of 2016 from the file of learned Judge, Family Court, Guntur, and transfer the same to the file of learned Judge, Family Court, Warangal, or any other competent Court at Warangal.

2. Heard Sri D. Hanumantha Rao, learned counsel for the petitioner.

3. Though, notice was sent to the respondent to the address described by him in the F.C.O.P., the same was returned unserved. But, notice on the learned counsel appearing for the respondent before the Court below is served and acknowledgment in proof of service is filed along with copy of the notice sent to the learned counsel. The respondent is working as Associate Professor in Hindu College of Pharmacy, Guntur. There is no reason why notice could not be served on him. Even otherwise, service on the learned counsel appearing for the respondent before the Court below is completed.

4. The ground on which transfer is sought for is that the petitioner resides at Warangal and, in fact, there are other cases i.e., C.C.No.504 of 2014 and M.C.No.69 of 2014 on the files of local Courts at Warangal, in which, the respondent has to attend.

5. Keeping in view, that maintenance is yet to be granted to the petitioner and she would be under financial constraint and it would be inconvenient for her to travel all the way from Warangal to Guntur without male assistance, it is desirable to accede to the request of the petitioner.

6. Accordingly, the present transfer petition is allowed. Consequently, F.C.O.P.No.188 of 2016 pending on the file of learned Judge, Family Court, Guntur, is withdrawn and transferred to the file of learned Judge, Family Court, Warangal. The transferee Court shall issue notices to the parties on receipt of the case bundle and proceed in accordance with law.

Miscellaneous Petitions, if any, pending in this transfer petition shall stand closed. There shall be no order as to costs. ___________________________ A. SHANKAR NARAYANA, J April 13, 2018.