High Court for State of TelanganaTRCMP/785/2015ordered

Smt. B.Hema Malini v. Bijju K.George

2016-02-16S.Ravi Kumar2 pages

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.785 of 2015 ORDER:

This petition is filed to withdraw O.P.No.337 of 2015 from the file of Family Court, Secunderabad, and transfer the same to Family Court, Guntur.

2. Wife filed this petition and according to her affidavit, her marriage with respondent was performed on 17.09.2000 in Kerala State and after the marriage she joined respondent to lead marital life and due to disputes she has to leave the marital home and now staying with her parents at Guntur. She contended that respondent to harass her filed O.P.No.337 of 2015 at Family Court, Secunderabad with all frivolous allegations and that she is a house wife, taking shelter at her parents' house and has no source of income to bear the transport charges from Guntur to Secunderabad and it is difficult for her to travel from Guntur to Secunderabad covering a distance of about 250 KM, therefore, O.P.No.337 of 2015 from Secunderabad Court is to be transferred to Guntur Court.

3. Respondent in spite of service of notice neither appeared in person nor through any Advocate.

4. Advocate for petitioner submitted subsequent to filing of O.P.No.337 of 2015, petitioner herein filed D.V.C. before Family Court, Guntur and the same is pending and she also filed O.P. under the Guardian and Wards Act and the same is also pending before Family Court, Guntur,

and that she lodged a complaint and the same is registered as Crime No.80 of 2015 by Women Police Station, Guntur and police after completing investigation filed charge sheet also and all the cases are pending at Guntur, therefore, no prejudice would be caused to respondent herein even if this O.P. is also transferred to Guntur.

5. Considering the submissions of advocate for petitioner and also affidavit averments of petitioner, which remained un-rebutted, I am of the view that the request of petitioner for transfer of O.P.No.337 of 2015 from Secunderabad to Guntur can be considered.

6. Therefore, O.P.No.337 of 2015 is withdrawn from Family Court, Secunderabad and transferred to Family Court, Guntur, for disposal in accordance with law.

7. Accordingly, transfer C.M.P. is ordered.

8. Miscellaneous petitions pending, if any, shall stand dismissed. No costs.

__________________ S. RAVI KUMAR, J 16th February 2016.

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