Bandaram , Medi Ujwala v. Bandaram Raj Kiran

HON'BLE SRI JUSTICE M.S. RAMACHANDRA RAO TRANSFER C.M.P. No.746 of 2018 O R D E R :

This Transfer Civil Miscellaneous Petition is filed seeking transfer of FCOP.No.2111 of 2018 on the file of the Judge, Family Court at L.B. Nagar, Ranga Reddy District, to the Court of the Judge, Family Court at Nalgonda, to be tried along with O.P.No.70 of 2018 and M.C.No.18 of 2018. Heard both sides.

The petitioner is the wife of respondent and the above FCOP.No.2111 of 2018 was filed by the respondent against the petitioner for dissolution of marriage between the parties, which took place on 05.08.2016 at Champapet, Hyderabad. It is the contention of the petitioner that she had initiated M.C.No.18 of 2018 and O.P.No.70 of 2018 under Section 9 of the Hindu Marriage Act, 1955 before the Family Court, Nalgonda; that it is convenient to her if FCOP.No.2111 of 2018 filed by the respondent is also transferred to the said Court.

This application is opposed by the respondent, contending that he is working as a Constable in Fire Station in Ranga Reddy District, that his services require 24/7 availability and the petitioner had filed M.C.No.18 of 2018 and O.P.No.70 of 2018 deliberately at the Family Court,

MSR, J Tr.CMP.No.746 of 2018 Nalgonda, only to harass him. It is stated that it is difficult for him to take leave to attend the Court at Nalgonda. He also stated that there is a threat to his life from the family members of the petitioner and that the family members of the petitioner on 12.08.2018 had attacked him and his family members;

that he had lodged FIR No.864/2018 on 13.10.2018 before the P.S., Vanasthalipuram, against the petitioner and others.

Having regard to the facts and circumstances of the case and inasmuch as the respondent is claiming that there is a threat to his life and that his job requires him to be available at 24/7 basis, in the interest of justice, FCOP.No.2111 of 2018 is transferred from the Court of Judge, Family Court at L.B. Nagar, Ranga Reddy District, to the Court of Additional District Judge-cum-Family Court at Bhongir.

Accordingly, the Transfer Civil Miscellaneous Petition is disposed of. No order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

_______________________________ M.S. RAMACHANDRA RAO, J 14.03.2019.

Msr

MSR, J Tr.CMP.No.746 of 2018 HON'BLE SRI JUSTICE M.S. RAMACHANDRA RAO TRANSFER C.M.P. No.746 of 2018 14.03.2019 Msr