Dande Amaravathi, Kadapa Dist v. Dande Sunil Kumar, Hyd

HON'BLE SRI JUSTICE Dr. B. SIVA SANKARA RAO Tr.C.M.P.No.761 of 2017 ORDER:

Heard learned counsel for the petitioner and track record filed regarding proof of service to the respondent, service held sufficient, but he failed to attend and perused the material on record.

In view of the settled expressions of the Apex Court in Amita Shah Vs.

Virender Lal Shah1 and T.Gayatri Devi Vs.

Dr.Tallepaneni Sreekanth2 that the inconvenience caused to the wife must be weighed when compared to that of the husband in matrimonial matters in considering the transfer applications, the present Transfer Petition is allowed and the O.P.No.1381 of 2017, pending on the file of the I Family Judge, Ranga Reddy district at L.B.Nagar, is withdrawn and transferred to the Judge, Family Court, Kadapa, for renumbering and early disposal. The I Family Judge, Ranga Reddy district at L.B.Nagar, immediately on receipt of the order shall transmit the records for giving fresh number by the Judge, Family Court, Kadapa. Needless to say the Judge, Family Court, Kadapa, shall not insist the personal appearance of the respondent herein, if representing through counsel under Section 13 of the Family Courts Act so permitted, but for to reconciliation and giving of evidence etc.

Pending miscellaneous petitions, if any, shall stand closed. _____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 04.12.2017 vvr 1 2003 (10) SCC 609 2 2013 (6) ALT 42 (SC)