P Radhika v. B Shyam Prasad

HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CIVIL MISCELLANEOUS PETITION No.538 of 2014 ORDER:

This petition is filed to withdraw O.P.No.97 of 2014 from the file of Senior Civil Judge, Madanapalle and transfer the same to Family Court, City Civil Court, Hyderabad for disposal in accordance with law.

2. Petitioner herein is wife and she filed her affidavit in support of the petition, according to which, her marriage with respondent took place on 20.11.2001 at Angallu, Kurabalakota Mandal in a temple and that she was blessed with a female child and that she was necked out from the house in April 2007 and since then she has been residing with her parents at Hyderabad. She further stated that she filed 498-A case and Dowry harassment case against respondent herein and the same is pending before III Additional Metropolitan Magistrate, Nampally. She also stated that she filed DVC No.15 of 2007 which is also pending before III Additional Chief Metropolitan Magistrate, Hyderabad and respondent/husband is attending for those two cases and he filed the present O.P.No.97 of 2014 for divorce before Senior Civil Judge, Madanapalle.

She stated that it is difficult for her to travel more than 500 KMs for the purpose of defending the O.P No.97 of 2014 at Madanapalle and she cannot afford travel expenses from Hyderabad to Madanapalle. She also contended that she has no male assistance to escort her from Hyderabad to Madanapalle, and for these reasons, she prayed for transfer of O.P.No.97 of 2014 from Madanapalle to Hyderabad.

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

4. Heard arguments.

5. Considering the reasons stated in the affidavit and also considering the convenience of both parties, O.P.No.97 of 2014 is withdrawn from the file of Senior Civil Judge, Madanapalle and transferred to Family Court, City Civil Court, Hyderabad for disposal in accordance with law.

6. Accordingly, the Transfer Miscellaneous Petition is allowed. No costs. As a sequel, miscellaneous petitions, if any filed in this civil miscellaneous petition, shall stand closed.

___________________ S. RAVI KUMAR, J Date: 27.01.2015.

gvl