Smt. Tatikayala Kalpana v. Tatikayala Srinivas

THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA TRANSFER CMP.No.789 OF 2017 ORDER:

Heard the learned counsel for the petitioner - wife. Though, the respondent - husband entered appearance, there is no representation on his behalf.

The proceeding sheet shows that on the previous occasion i.e., on 11.12.2017, Sri Balu Mahender, learned counsel, undertook to file vakalat for the respondent, despite Sri Kowturu Pavan Kumar, learned counsel, being engaged by the respondent.

Learned counsel for the petitioner would submit that till date, no counter is filed controverting the allegations mentioned in the petition affidavit. His submission is that the distance between Mancherial and Kothagudem is 200 kms and as the petitioner has got two children to look after, it is very difficult for her to travel to Kothagudem, Khammam District, to attend the Principal Senior Civil Judge's Court, where MOP.No.166 of 2017 filed by the respondent - husband, for dissolution of marriage by granting decree of divorce, is pending.

When kept in view, the distance between Mancherial and Kothagudem and the fact that the petitioner has got two children to look after, and more particularly, there being no counter filed

opposing the petition, certainly, the request made by the petitioner can be acceded to.

Hence, the transfer CMP is allowed. MOP.No.166 of 2017 pending on the file of the Principal Senior Civil Judge, Kothagudem, Khammam District, presently Bhadradri Kothagudem District, is withdrawn and transferred to the file of the Senior Civil Judge, Mancherial, Adilabad District, presently Mancherial District, for disposal in accordance with law. The transferee Court is directed to issue notices to both parties on receipt of the case bundle and proceed with the trial in accordance with law.

Miscellaneous petitions, if any, pending in the present petition stand closed.

_____________________________________ JUSTICE A.SHANKAR NARAYANA Dt: 27.04.2018 v v