Kumbha Durga Bhavani v. Kumbha Suresh

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.496 of 2014 ORDER:

This petition is filed to withdraw H.M.O.P.No.46 of 2014 from the file of Senior Civil Judge, Chirala and transfer the same to Family Court, Vijaywada.

2. Wife filed this petition and according to her affidavit, her marriage was performed with respondent on 21.10.2010 at Vijaywada and that they lived happily for about 31⁄2 years and during that time they were blessed with two children, by name Keerthana and Anand, who are 3 and 11⁄2 years respectively and thereafter respondent addicted to bad vices and started harassing her and having no other option, she left marital home and came back to her parents' house and thereafter she lodged a complaint with Women Police Station, Vijaywada, which is registered as Crime No.65 of 2014, and that she also filed D.V.C. before Protection Officer, Vijaywada. She contended that Chirala is more than 100 km. away from Vijaywada and it is difficult for her to travel from Vijaywada to Chirala leaving her two small children. She further contended that she has no male assistance to escort her from Vijaywada to Chirala, for these reasons, she prayed for transfer of O.P. from Senior Civil Judge, Chirala to Family Court, Vijaywada.

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

4. Heard argument of advocate for petitioner.

5. Considering the reasons stated in the affidavit and also considering the convenience of wife, H.M.O.P.No.46 of 2014 is withdrawn from Senior Civil Judge, Chirala and transferred to Family Court, Vijaywada, for disposal in accordance with law.

6. Accordingly, transfer C.M.P. is ordered. No costs.

7. Miscellaneous Petitions pending, if any, shall stand dismissed. __________________ S. RAVI KUMAR, J 28th April 2015.

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