Voleti Sudha Ramani Vs Voleti Guru Pratap

THE HONOURABLE SRI JUSTICE RAJA ELANGO

TRANSFER CIVIL MISCELLANEOUS PETITION No.137 of 2012

ORDER :

Petitioner preferred the present petition under Section 24 read with Section 151 of the Code of Civil Procedure, 1908, seeking to transfer F.C.O.P.No.1423 of 2011 from the file of the Judge, Family Court, Visakhapatnam, to III Additional Senior Civil Judge’s Court, Kakinada, to be tried along with O.P.No.22 of 2012.

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Heard the learned counsel for the petitioner.

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In spite of service of notice, either the respondent or his counsel represented the matter. It seems that the respondent is not inclined to prosecute the matter before this Court.

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Admittedly, petitioner-wife is residing at Kakinada. Respondenthusband filed the present O.P. seeking a decree of divorce and petitioner-wife filed O.P.No.22 of 2012 for restitution of conjugal rights and the same is also pending before the III Additional Senior Civil Judge, Kakinada, for disposal. In that view of the matter, no prejudice will be caused to the respondent-husband if the case is transferred.

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Considering the said circumstances, present petition is allowed and F.C.O.P.No.1423 of 2011 is hereby withdrawn from the file of the Judge, Family Court, Visakhapatnam, and transferred to III Additional Senior Civil Judge’s Court, Kakinada, to be tried along with O.P.No.22 of 2012.

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However, presence of the respondent before the III Additional Senior Civil Judge’s Court, Kakinada, is dispensed with except on the date of his examination and cross examination and the learned Judge insists for the same.

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No order as to costs.

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Miscellaneous petitions filed in this petition, if any, shall stand closed.

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JUSTICE RAJA ELANGO

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Dated 5^th June, 2012 sur

Voleti Sudha Ramani v. Voleti Guru Pratap

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Voleti Sudha Ramani v. Voleti Guru Pratap

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