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High Court for State of TelanganaTRCMP/282/2014allowed no costs

Pavuluri Krishna Prathibha v. Kalluru Rupesh Kumar

2015-03-02S.Ravi Kumar2 pages

HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CIVIL MISCELLANEOUS PETITION No.282 of 2014 ORDER:

This petition is filed to withdraw O.P.No.1 of 2014 from the file of Principal Senior Civil Judge, Kurnool and transfer the same to Family Court, Vijayawada to be tried along with O.P No.111 of 2014.

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 18.11.2010 at Vijayawada and that on 25.03.2013 when she has severe stomach pain, respondent/husband has not taken care and that she was forced to call her parents from Vijayawada and she underwent surgery and thereafter respondent never cared for her health and she was forced to stay back at her parents house and subsequently she filed O.P for dissolution of marriage before Family Court, Vijayawada and respondent filed O.P. before Senior Civil Judge, Kurnool for restitution of conjugal rights. She further contended that she joined in job at Vijayawada and she is under probation period and it is difficult for her to travel from Vijayawada to Kurnool which is 260 KMs. She contended that both the matters have to be tried by one court to avoid conflicting decisions and by taking her convenience into consideration, O.P No.1 of 2014 may be transferred from Principal Senior Civil Judge, Kurnool to Family Court, Vijayawada.

3. Respondent/husband in spite of service of notice neither

appeared in person nor through any advocate.

4. Heard advocate for petitioner.

5. I have perused the affidavit filed in support of the transfer petition and the same remained un-challenged.

6. Considering the reasons stated in the affidavit and also considering the convenience of petitioner/wife O.P.No.1 of 2014 is withdrawn from the file of Principal Senior Civil Judge, Kurnool and transferred to Family Court, Vijayawada to be tried along with O.P.No.111 of 2014 in accordance with law.

8. Accordingly, this Transfer Miscellaneous Petition is allowed. No costs. Miscellaneous Petitions, if any pending, in this petition, shall stand closed.

__________________ S. RAVI KUMAR, J Date: 02-03-2015 gvl