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High Court for State of TelanganaTRCMP/594/2014ordered

Smt. Sunitha , Sunithamma v. D.Karreppa

2015-04-16S.Ravi Kumar2 pages

HONOURABLE SRI JUSTICE S.RAVI KUMAR Tr.CMP.No.594 of 2014 O R D E R:

This petition is filed to withdraw HMOP.No.64 of 2013 from Senior Civil Judge, Gadwal, Mahaboobnagar District and transfer the same to Additional Senior Civil Judge, Anantapur.

Wife filed this application and according to her affidavit, her marriage was performed with respondent on 14.05.2011 as per Hindu custom and due to disputes she is living separately with her parents. She stated that she has to travel more than 260 kms along with her infant child for the purpose of defending HMOP.No.64 of 2013 filed by the respondent for restitution of conjugal rights. She stated that she filed M.C. No.4 of 2014 before Addl.Judicial First Class Magistrate, Anantapuram and also filed DVC No.11 of 2014 before Special Addl. Junior First Class Magistrate Court (Mobile Court), Anantapur and both the cases are pending in the respective Courts. It is stated that it is difficult for her to attend Court at Gadwal and for that reason, she prayed for transfer of O.P.No.64 of 2013 from Gadwal to Anantapur. Respondent inspite of service of notice neither appeared in person nor through any advocate.

Heard arguments.

Advocate for petitioner submitted that DVC filed by petitioner is registered as 11 of 2014 and pending before Special Mobile Court and the respondent is attending for both the cases i.e., M.C. and DVC. Therefore, no prejudice will be caused, if this O.P. is also transferred to Anantapur from Gadwal.

I have perused the material papers filed along with the transfer petition. Considering the reasons stated in the affidavit and considering the submissions of the advocate for petitioner, O.P.No.64 of 2013 is withdrawn from Senior Civil Judge, Gadwal, Mahaboob Nagar District and transferred to Additional Senior Civil Judge, Anantapur, for disposal in accordance with law. Transfer Petition is ordered accordingly. No costs. Miscellaneous petition, if any, shall stand closed. ____________________ JUSTICE S.RAVI KUMAR Dt.16th April, 2015 PNV