Allowed

Sankuri Venkata Priyanka v. Mahadasu Sai Sridhar

Andhra Pradesh HC26 Sept 2022TRCMP/18/2022

Case brief

AI extract

What is this about?

The court allowed a transfer petition to withdraw a restitution of conjugal rights case from Visakhapatnam and transfer it to Ra jamahendravaram where dissolution of marriage proceedings were pending. The petitioner faced travel difficulties.

What did the court decide?

The F.C.O.P.No.2351 of 2021 was withdrawn from Visakhapatnam and transferred to the Court of I Additional Senior Civil Judge at Rajamahendravaram.

Sankuri Venkata Priyanka Vs Mahadasu Sai… — Matrimonial and Divorce | Andhra Pradesh HC (2022)

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THE HON’BLE SRI JUSTICE BATTU DEVANAND

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Tr.C.M.P.NO.18 of 2022

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O R D E R:

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This Transfer Civil Miscellaneous Petition has been filed to withdraw the F.C.O.P.No.2351 of 2021 from the Court of

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the II Additional District Judge-cum-Family Court at Visakhapatnam, to the Court of I Additional Senior Civil Judge at Rajamahendravaram.

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Heard the learned counsel for the petitioner; learned counsel for the Respondent and perused the record.

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The learned counsel for the petitioner submits that the petitioner is wife and the respondent is husband. The respondent herein filed F.C.O.P.No.2351 of 2021 on the file of the Court of the II Additional District Judge-cum-Family Court at Visakhapatnam, seeking restitution of conjugal rights.

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The learned counsel for the petitioner further submits

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that the petitioner filed H.M.O.P No.18 of 2021 before the Senior Civil Judge, Rajahmundry, seeking dissolution of their marriage. The petitioner submits that, she is residing along with her parents at Dowleswaram, Rajamahendravaram, East Godavari District. She has to attend the case in F.C.O.P No.2351 of 2021 at Visakhapatnam in each and every adjournment. Being a woman, it is difficult to her for attending the Court at Visakhapatnam. Apart from that, she has no financial capacity to bear the expenses to travel from Dowleswaram to Visakhapatnam. The petitioner further submits that she filed H.M.O.P.No.18 of 2021 for dissolution of marriage which is pending before the Court of the Senior Civil Judge, Rajahmundry wherein the respondent has been attending. Therefore, the petitioner prays to withdraw F.C.O.P.No.2351 of 2021 on the file of the Court of the II Additional District Judge-cum-Family Court at Visakhapatnam, and transfer the same to the file of the

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I Additional Senior Civil Judge’s Court, Rajamahendravaram, in the interest of justice.

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The learned counsel for the Respondent represented that he has no objection to withdraw F.C.O.P.No.2351 of 2021 on the file of the Court of the II Additional District Judge-cum-Family Court at Visakhapatnam, and transfer the same to the file of the I Additional Senior Civil Judge’s Court, Rajamahendravaram.

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Having heard the submissions of the respective learned counsels, upon perusing the material available on record and as the learned counsel for the Respondent reported no objection to transfer the FCOP, this Court is of the opinion that this is a fit case to withdraw F.C.O.P.No.2351 of 2021 on the file of the Court of the II Additional District Judgecum-Family Court at Visakhapatnam, and transfer the same

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to the file of the I Additional Senior Civil Judge’s Court, Rajamahendravaram, in the interest of justice.

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7) Accordingly, this Transfer Civil Miscellaneous Petition is

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allowed and the F.C.O.P.No.2351 of 2021 is withdrawn from the file of the II Additional District Judge-cum-Family Court at Visakhapatnam and transferred to the Court of I Additional Senior Civil Judge’s Court at Rajamahendravaram. The learned II Additional District Judge-cum-Family Court at Visakhapatnam, shall transmit the entire record in F.C.O.P.No.2351 of 2021 pending on its file to the Court of the I Additional Senior Civil Judge’s Court at

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Rajamahendravaram forthwith, by duly indexed.

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There shall be no order as to costs.

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As a sequel, miscellaneous petitions, if any, pending in this petition shall stand closed.

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______________________ JUSTICE BATTU DEVANAND

Dt.26.09.2022.

THE HON’BLE SRI JUSTICE BATTU DEVANAND

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Tr.C.M.P.No.18 of 2022

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Dt.26.09.2022

Sankuri Venkata Priyanka v. Mahadasu Sai Sridhar

Case brief

What is this about?

What did the court decide?

Sankuri Venkata Priyanka v. Mahadasu Sai Sridhar

Case brief

What is this about?

What did the court decide?

What the court decided

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