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High Court for State of TelanganaTRCMP/456/2014ordered

B.Mamatha v. B.Srinivas

2015-03-30S.Ravi Kumar3 pages

HONOURABLE SRI JUSTICE S.RAVI KUMAR TRANSFER C.M.P.No.456 of 2014 Dated 30th March, 2015 Between:

B.Mamatha.

...Petitioner.

And:

B.Srinivas.

...Respondent.

HONOURABLE SRI JUSTICE S.RAVI KUMAR TRANSFER C.M.P.No.456 of 2014 This petition is filed to withdraw O.P.No.886 of 2013 from Family Court, Ranga Reddy District at L.B.Nagar to Senior Civil Judge, Kamareddy, Nizamabad District for disposal in accordance with law. Wife filed affidavit according, to which their marriage was performed on 12-3-2000 and due to differences, she is residing with her parents at Kamareddy.

She stated that husband filed the present O.P. for divorce and she is contesting the same. She contended that it is difficult for her to travel from Kamareddy, Nizamabad District to Hyderabad for the purpose of this case and she has no source of income to meet travel expenses. Husband filed counter disputing the affidavit averments of the petitioner and according to his counter, children are with him and he has to look after their care and also his old aged mother and it is difficult for him to attend at Kamaredy, Nizamabad District, for the purpose of this case.

Heard both sides.

I have perused the material papers including affidavit of the petitioner and counter of the respondent.

The only objection of the respondent is that since he has to take care of his mother and children, it is difficult for him to go to Kamareddy for

the purpose of this case.

As seen from the record, he is already attending Kamareddy for criminal cases and D.V.C. filed by wife and therefore, his contention that it is difficult for him cannot be accepted. Further as seen from the transfer C.M.P., request is to transfer the same to Kamareddy where there is no family Court and in Senior Civil Judge's Court presence of parties is not necessary for each and every adjournment and party can be represented by advocate and only at the time of giving evidence, their presence may be required. Considering these aspects also and considering the convenience of wife, O.P.No.886 of 2013 is withdrawn from the Family Court, Ranga Reddy District at L.B.Nagar and transferred to Senior Civil Judge, Kamareddy for disposal in accordance with law. Senior Civil Judge, Kamareddy shall dispense with the presence of respondent herein for each and every adjournment. However, he shall appear whenever his physical presence is necessary for any specific purpose.

Accordingly, this Transfer C.M.P. is ordered. As a sequel to the disposal of this petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed. _______________________ JUSTICE S.RAVI KUMAR Dated 30th March, 2015.

Dvs HONOURABLE SRI JUSTICE S.RAVI KUMAR

TRANSFER C.M.P.No.456 of 2014 Dated 30th March, 2015 Dvs