Telangana High Court
TRCMP/605/2013 of Kandi Radhika Vs Kandi Siva Sankar Babu, on 30 December 2013
SRI JUSTICE M.S.RAMACHANDRA RAO Tr.C.M.P.No.605 of 2013 O R D E R : This petition is filed to transfer F.C.O.P.No.486 of 2013 on the file of the Family Court, Visakhapatnam to the Family Court at Vijayawada. Although notice was served to the respondent on 30.11.2013, there is no
THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAOTr.C.M.P.No.605 of 2013
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
O R D E R :
This petition is filed to transfer F.C.O.P.No.486 of 2013 onthe file of the Family Court, Visakhapatnam to the Family Court atVijayawada.
Although notice was served to the respondent on30.11.2013, there is no representation on his behalf.
The petitioner is the wife of the respondent. They have afemale child born on 29.10.2012. Disputes arose between themand the petitioner alleges that she was forced to leave thematrimonial house; that she filed O.P. for restitution of conjugalrights, which was numbered as O.P.No.488 of 2013 on the file ofthe Family Court, Vijayawada; and she also filed a complaint inFIR No.168 of 2013 under Section 498A IPC before the PatamataPolice Station, Vijayawada. The respondent filed FCOP.No.486 of2013 before the Family Court at Visakhapatnam seekingdissolution of the marriage.
The petitioner alleges that she is unemployed anddependent on her aged mother and brother; that she is residing inVijayawada and Visakhapatnam where the O.P. filed by therespondent is pending, is at a distance of about 400 kms; and it isdifficult for her to travel there to attend the hearing in the saidO.P. The allegations made by the petitioner standuncontroverted.
Therefore, accepting the contentions of the petitioner andalso to avoid conflicting judgments in O.P.Nos.488 of 2013 and486 of 2013, O.P.No.486 of 2013 pending on the file of the FamilyCourt, Visakhapatnam is transferred to the Family Court,Vijayawada to be tried along with the O.P.No.488 of 2013 pending on the file of the said Court.
Accordingly, the Tr.C.M.P. is allowed. No costs.Consequently, miscellaneous petitions pending, if any, shall standdismissed.
30[th] December, 2013gra
___________________________
M.S.RAMACHANDRA RAO, J