Dr.Sahitha v. Dr.C.Ravindranath Achari
HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CIVIL MISCELLANEOUS PETITION No.36 of 2016 ORDER:
This application is filed to withdraw O.P.No.79 of 2014 from II Additional Senior Civil Judge, Nandyal and transfer the same to Senior Civil Judge or Family Court, Nellore.
2. Wife filed this application. According to her affidavit, her marriage with respondent was performed on 24.11.2004 at Achyutha Subramanyam Kalyana Mandapam, Nellore as per Hindu rites and custom. She stated that she gave birth to a female child in the year 2009 and after delivery she stayed at her parents' house and thereafter she joined the respondent at Kurnool and from there disputes started and having no other alternative she went back to Nellore and the attempt of mediation has not yielded any result. She contended that respondent filed O.P.No.79 of 2014 before II Additional Senior Civil Judge, Nandyal with false allegations. She stated that she gave a complaint for the offence under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act and the same is pending.
She further stated that distance between Nandyal and Nellore is about 250 Kms and she being a female, it is difficult for her to attend the Court at Nandyal. She further stated that respondent is already attending Family Court, Nellore in the maintenance case filed by her and no prejudice would be caused to the respondent if this O.P. is also transferred to Family Court, Nellore.
3. Respondent filed counter disputing affidavit averments of the petitioner and contended that in O.P. trial was already commenced and chief affidavit was filed on 19.06.2015 and that he was cross examined on 02.07.2015. Thereafter, PW.2 was also examined and evidence of petitioner side was closed and it is coming for evidence of respondent side and that present O.P. is filed only to harass the
respondent.
4. Heard both sides.
5. Both side advocates submitted their arguments supporting the respective contentions of their clients. I have perused the affidavit of the petitioner and counter affidavit of the respondent.
6. No doubt O.P. filed by husband is now a part heard matter, which is at the stage of respondent's evidence i.e. evidence on behalf of wife. The fact remains that M.C. filed by wife is pending before Family Court, Nellore and the allegations and counter allegations in that case are also one and same. Therefore, to avoid conflicting decision, it is appropriate that both cases have to be tried and disposed of by one Court. According to affidavit of wife, there is a small kid of six years age, as rightly pointed out it is difficult for her to travel from Nellore to Nandyal with kid of 6 years. Therefore, I feel that the request of wife can be considered.
7. For those reasons, O.P.No.79 of 2014 is withdrawn from II Additional Senior Civil Judge, Nandyal and transferred to Family Court, Nellore for disposal, in accordance with law. The Family Court, Nellore shall dispense with the presence of the husband for each and every adjournment in the transferred case.
However, respondent/husband shall appear as and when the trial Court feels that his physical presence is necessary for any specific purpose.
6. Accordingly, the Transfer Miscellaneous Petition is ordered. No costs. As a sequel, miscellaneous petitions, if any filed in this civil miscellaneous petition, shall stand closed.
___________________ S. RAVI KUMAR, J Date: 14-03-2016 kvrm
HON'BLE SRI JUSTICE S. RAVI KUMAR
Tr.CIVIL MISCELLANEOUS PETITION No.36 of 2016 DATED: 14.03.2016 kvrm