Smt.M.Archana v. M.Jayadeep

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.24 of 2014 ORDER:

This petition is filed to withdraw O.P.No.539 of 2013 from the file of Family Court, Vijayawada, and transfer the same to Family Court, City Civil Courts, Hyderabad.

2. Petitioner is wife and according to her affidavit, their marriage was performed on 03.08.2012 at Hyderabad and due to differences, the marital home was broken and she is staying at Hyderabad and respondent-husband filed O.P. for dissolution of marriage and she has no financial capacity to meet the travel expenses and defend the O.P. at Vijayawada. She further contended that it is convenient for both the parties if the matter is transferred to Hyderabad.

3. Advocate for respondent contended that husband is a deaf and dumb person and it is very difficult for him to travel from Vijayawada to Hyderabad and he needs assistance for travelling.

4. Heard both sides.

5. Considering the facts of the case, submissions of both sides and also considering the convenience of wife, I feel that this petition can be disposed of by transferring the O.P. from Vijayawada to Hyderabad and directing the Hyderabad Court not to insist the physical presence of respondent-husband for each and every adjournment.

6. Accordingly, transfer C.M.P. is allowed, O.P.No.439

of 2013 is withdrawn from Family Court, Vijayawada, and transferred to Family Court, City Civil Court, Hyderabad, for disposal in accordance with law. Family Court, City Civil Court, Hyderabad, shall dispense with the physical presence of respondent-husband for each and every adjournment. However, he shall appear as and when his physical presence is necessary for any specific purpose. Family Court, City Civil Court, Hyderabad, shall dispose of O.P. within six months from the date of receipt of record. No costs.

7. Miscellaneous Petitions, if any, shall stand dismissed.

__________________ S. RAVI KUMAR, J 22nd January 2015.

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