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High Court for State of TelanganaTRCMP/249/2016ordered

Morusupalli Swathi Kumari v. M.Venkata Raghavendra,

2016-06-09S.Ravi Kumar2 pages

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.249 of 2016 ORDER:

This application is filed to withdraw FC OP No.2045 of 2014 from the Family Court, Ranga Reddy District at LB Nagar and transfer the same to the Family Court, Visakhapatnam.

02. Wife filed this application. According to her affidavit, her marriage with respondent was performed on 22.05.2013 at Visakhapatnam and due to harassment she is living separately and that the respondent filed FC OP No.2045 of 2014 before the Family Court, Ranga Reddy, and that she filed FC OP No.545 of 2015 before the Family Court, Visakhapatnam, seeking maintenance. She stated that she also lodged a complaint against respondent and the same is registered in Cr.No.30 of 2015. She further stated that it is difficult for her to attend the proceedings in FC OP No.2045 of 2014 which is pending at Family Court, Ranga Reddy, as there is nobody to escort her from Visakhapatnam to Hyderabad and she also stated she is living on the mercy of her mother and brothers, and that she had no money to meet expenditure. For these reasons, she filed application for transfer of FC OP No.2045 of 2014 from Family Court, Ranga Reddy to Family Court, at Visakhapatnam.

03. Respondent filed counter denying the affidavit averments of the petitioner.

04. Heard both sides.

05. Advocate for petitioner has reiterated the contents of petitioner's affidavit.

06. Advocate for respondent has submitted that since respondent is a private employee, it is difficult for him to get leave to attend the proceedings in FC OP No.2045 of 2014, if it is transferred to Family Court, Visakhapatnam, hence, prayed to dispense with his presence before Family Court, Visakhapatnam, for each and every

adjournment. He also submitted that FC OP No.545 of 2015 filed by his wife and this FC OP may be tried simultaneously by the Family Court Visakhapatnam.

07. Considering the submissions of both sides, FC OP No.2045 of 2016 is withdrawn from Family Court, Ranga Reddy District, and transferred to Family Court, Visakhapatnam, to be tried along with FC OP No.545 of 2015 on the file of Family Court, Visakhapatnam. Family Court, Visakhapatnam, shall dispense with the presence of the respondent herein for each and every adjournment, however, he shall appear before the Family Court, Visakhapatnam as and when his physical appearance is required for any specific purpose.

08. Accordingly, the transfer CMP is ordered. No costs.

09. Miscellaneous petitions pending, if any, shall stand closed. ___________________ S. RAVI KUMAR, J 09.06.2016 BV