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High Court for State of TelanganaTRCMP/456/2016ordered

Allu Sirisha Gracy , Yellaboina Sirisha, v. Allu Samuel Jacob,

2016-08-09S.Ravi Kumar2 pages

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.456 of 2016 ORDER:

This petition is filed to transfer O.P.No.6 of 2016 from the file of Family Court, Khammam, to Additional Family Court, Visakhapatnam.

2. Wife filed this petition. According to her affidavit, her marriage with respondent took place on 25.04.2013 at St. Mary's CSI Church, Khammam, as per Christian rites and custom and that marriage was consummated. She stated that they lived happily for one month thereafter respondent started harassing her suspecting her character and by demanding additional dowry and as she could not bear the harassment she went back to her parents house and having no other option she lodged a complaint on 14.03.2016 before S.H.O., Women Police Station and respondent to overcome it filed O.P.No.6 of 2016 before Family Court, Khammam, for restitution of conjugal rights.

She further stated that she filed M.C.O.P.No.657 of 2016 before Additional Family Court, Visakhapatnam seeking maintenance. She stated that she is now depending on her sister and brother and that Khammam is about 600 km. from Visakhapatnam, therefore, it is difficult for her to travel from Visakhapatnam to Khammam. She further stated that she has a life threat at Khammam in the hands of respondent. For these

reasons, she prayed for transfer of O.P.No.6 of 2016 from Family Court, Khammam, to Additional Family Court, Visakhapatnam.

3. This Court permitted petitioner to take personal notice to respondent and in compliance of the said order, a memo is filed on 03.08.2016 stating that notice was sent to respondent. Postal acknowledgment is filed along with memo in proof of service. In spite of service of notice respondent neither appeared in person nor through any advocate.

4. Heard arguments.

5. Considering the reasons stated in the affidavit filed in support of petition and also considering the fact that M.C.O.P. filed by wife is pending before Additional Family Court, Visakhapatnam, O.P.No.6 of 2016 is withdrawn from Family Court, Khammam, and transferred to Additional Family Court, Visakhapatnam, for disposal in accordance with law.

6. Accordingly, transfer C.M.P. is ordered.

7. Miscellaneous petitions pending, if any, shall stand closed.

__________________ S. RAVI KUMAR, J 9th August 2016.

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