High Court for State of TelanganaTRCMP/298/2015allowed no costs

G.Swapna v. G. Yadagiri

2018-04-18A.Shankar Narayana2 pages

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA Tr.C.M.P.No.298 OF 2015 ORDER:

The present transfer petition, under Section 24 of the Code of Civil Procedure, 1908, is filed seeking to withdraw O.P.No.2095 of 2014 from the file of Judge, Family Court, Ranga Reddy District at L.B. Nagar, and transfer the same to the file of learned Senior Civil Judge, Huzurabad, Karimnagar District.

2. Heard Ms. Akula Sunitha, learned counsel for the petitioner. No representation for the respondent.

3. The respondent - husband filed O.P.No.2095 of 2014 on the file of Judge, Family Court, Ranga Reddy District at L.B. Nagar, seeking dissolution of marriage by grant of decree of divorce.

4. Learned counsel for the petitioner would submit that the petitioner, in fact, resides at Karimnagar District. The respondent and his family members even subjected her to unabated harassment insisting to perform her sister's marriage with the respondent, for which, she refused. She was driven out from the matrimonial house by the respondent along with the two minor girls, who are aged 7 years and 5 years, respectively. Learned counsel would also submit that it is very difficult for the petitioner to travel all the way from Karimnagar to Hyderabad to attend the Court, which involves not only

expenditure, but also male assistance, more particularly, when she is taking shelter at her parents' house along with her daughters.

5. Since, there is no representation for the respondent and in view of the reasons assigned by the petitioner in her affidavit and also the submissions made by the learned counsel for petitioner and when, kept in view, the fact that the petitioner has got two girls and she was driven out from the matrimonial house and staying with her parents at Karimnagar and not only she needs finances to meet the travelling expenses, but also male assistance to assist her in travelling to Hyderabad to attend the Court, leaving the girls, which would cause hardship to her, the request of the petitioner can be acceded to.

6. Hence, the present transfer petition is allowed. Consequently, O.P.No.2095 of 2014 pending on the file of Judge, Family Court, Ranga Reddy District at L.B. Nagar, is withdrawn and transferred to the file of learned Senior Civil Judge, Huzurabad, Karimnagar District. The transferee Court shall issue notices to the parties on receipt of the case bundle and dispose of the case 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 18, 2018.