Allowed a transfer petition to move a restitution of conjugal rights petition from Eluru to Vijayawada to facilitate simultaneous trial with an existing maintenance case.
Transferred O.P.No.56 of 2009 from Family Court, Eluru to Family Court, Vijayawada for simultaneous trial with M.C. No.226 of 2009.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE K.C.BHANU TRANSFER CIVILMISCELLANEOUS PETITION No.120 of 2010
ORDER:
This petition is filed under Section 24 of the Code of Civil Procedure, 1908 to withdraw O.P.No.56 of 2009 on the file of the Family Court, Eluru and transfer the same to the Family Court, Vijayawada.
Heard the learned counsel for the petitioner. Though served, none appears for the respondent. The paramount consideration for transferring a case from one place to another is the balance of convenience. T h e balance of convenience must relate to both the parties.
The petitioner herein is wife of the respondent herein. The respondent filed O.P. No.56 of 2009 on the file of the Family Court, Eluru under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. The petitioner herein filed Maintenance Case No.226 of 2009 on the file of the Family Court, Vijayawada under Section 125 of the Code of Criminal Procedure, 1973, and the respondent is attending the said Court in connection with that case. Therefore, if the O.P. filed by the respondent is transferred to Vijayawada to be tried along with the M.C. simultaneously, it would not cause any inconvenience to the respondent.
The Transfer Civil Miscellaneous Petition is, accordingly, allowed, withdrawing O.P.No.56 of 2009 on the file of the Family Court, Eluru, and transferring the same to the Family Court, Vijayawada, to be tried simultaneously with M.C. No.226 of 2009. No costs.
09.04.2010 (K.C.Bhanu, J.) DRK
THE HON’BLE SRI JUSTICE K.C.BHANU
TRANSFER CIVILMISCELLANEOUS PETITION No.120 of 2010
Date: 09.04.2010
Between:
Muntha Radhika
…Petitioner
And
Muntha Ramesh Kumar
…Respondent
THE HON’BLE SRI JUSTICE K.C.BHANU
TRANSFER CIVILMISCELLANEOUS PETITION No. 120 of 2010
09.4.2010
Muntha Radhika
Muntha Ramesh Kumar
K.C. Bhanu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
