Court granted transfer of O.P.No.133/2014 from Principal Senior Civil Judge, Madanapalle to Family Court, Ananthapur, citing petitioner's health and distance. Transfer order includes dismissal of related miscellaneous petitions.
O.P.No.133/2014 transferred to Family Court, Ananthapur; Tr.CMP ordered; other miscellaneous petitions dismissed.
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THE HON'BLE SRI JUSTICE S. RAVI KUMAR
Tr.CMP No.722 of 2014
Date:31.03.2015
Between: Smt. P. Mahitha AND
...Petitioner.
P. Satish Chandra Chowdary
...Respondent.
The Court made the following :
THE HON'BLE SRI JUSTICE S. RAVI KUMAR
Tr.CMP No.722 of 2014
ORDER:
This petition is filed to withdraw O.P.No.133/2014 from Principal Senior Civil Judge, Madanapalle and transfer the same to Family Court, Ananthapur.
2. Wife filed this application and according to her affidavit, her marriage was performed on 14-03-2012 at Ananthapur and they lived at Bangalore and thereafter, due to disputes, she is now living with her parents at Ananthapur. She stated that she is suffering mentally due to miscarriage and she is unable to travel from Ananthapur to Madanapalle. She further stated that she is totally dependent on her parents, who are not having any source of income to maintain her and that the distance between Ananthapur to Madanapalle is about 300 Kms and for these reasons, she prayed for transfer of O.P.No.133/2014 from Ananthapur to Madanapalle.
3. Heard arguments.
4. Advocate for petitioner submitted that O.P.No.133/2014 is filed only to harass the petitioner and both parties are not residents of Madanapalle.
She submitted that both parties last resided at Bangalore and marriage was performed at Ananthapur and wife recently filed maintenance case it is pending at Ananthapur and the respondent herein has to attend Ananthapur Court in connection of said case. I have perused the material papers including affidavit of the petitioner. Respondent, in spite of service of notice, neither appeared in person nor through any advocate.
5. Considering the reasons stated in the affidavit and also considering the convenience of the wife, O.P.No.133/2014 is withdrawn from Principal Senior Civil Judge, Madanapalle and transferred to Family Court, Ananthapur for disposal in accordance
with law.
6. Accordingly, Tr.CMP is ordered. No costs.
7. As a sequel, miscellaneous petitions, if any, pending in this Tr.CMP., shall stand dismissed.
JUSTICE S. RAVI KUMAR
Date:31.03.2015 mrb
1 issue framed by the court
Whether O.P.No.133/2014 should be withdrawn from a High Court judge and transferred to Family Court.
1 provisions across 1 enactments
Smt. P. Mahitha
P. Satish Chandra Chowdary
S. RAVI KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
