TRCMP/166/2013 of Thati sujatha Vs Thati Bhadraiah on 31 December 2014

ORDER:

This petition is filed to withdraw O.P.No.75 of 2012 from the fileof Senior Civil Judge, Mahabubabad, Warangal District and transferthe same to Family Court, Karimnagar for disposal in accordance withlaw.

2. Petitioner herein is wife and she filed her affidavit in supportof the petition, according to which, her marriage with respondent wasperformed on 14.11.2010 at Choppadandi Village, Karimnagar Districtand she lived with respondent/husband for about six months aftermarriage, and thereafter due to disputes, she was driven out from thehouse on 06.04.2012 and since then she is staying with her parents atChoppadandi, Karimnagar District. It is further contended that shegave a report to police and the same is registered as Crime No.23 of2013 and it is under investigation. It is stated that respondent/husbandfiled O.P for restitution of conjugal rights at Mahabubabad, which is120 KMs away from her place of residence and it is difficult for her totravel from her village to Mahabubabad by changing 3 buses fordefending O.P.No.75 of 2012. She further contended that she isdependent on her parents and she has no financial assistance to meetthe expenses, and on the ground of convenience, she sought transferof O.P.No.75 of 2012 from Mahabubabad to Karimnagar.

3. In spite of service of notice, respondent neither appeared in-person nor through any advocate.

4. Heard arguments.

5. Advocate for petitioner submitted that though O.P. is filed inthe year 2012, stay was granted by this Court in the year 2013 and the matter is still at the stage of filing of counter and considering theconvenience of wife, O.P. may be transferred.

6. Considering the reasons stated in the affidavit and alsoconsidering the convenience of wife, O.P.No.75 of 2012 is withdrawnfrom the file of Senior Civil Judge, Mahabubabad, Warangal Districtand transferred to Family Court, Karimnagar for disposal inaccordance with law. Family Court, Karimnagar shall dispose of theO.P. within eight (08) months from the date of receipt of the records.

7. Accordingly, the Transfer Miscellaneous Petition is allowed. No costs. As a sequel, miscellaneous petitions, if any filed in this civilmiscellaneous petition, shall stand closed.

Date: 31.12.2014.gvl

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S. RAVI KUMAR, J