The court transferred Family Court O.P.No.1836 of 2015 from Ranga Reddy to Guntur to protect the wife, citing harassment and financial inability to travel, noting the respondent was absent.
Family Court O.P.No.1836 of 2015 withdrawn from Ranga Reddy and transferred to Family Court, Guntur for disposal.
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 HONOURABLE SRI JUSTICE S. RAVI KUMAR
Tr.C.M.P.No.145 of 2016
ORDER
This application is filed to withdraw Family Court O.P.No.1836 of 2015 from the file of Family Court Ranga Reddy at L.B.Nagar and transfer the same to Family Court, Guntur.
2. Wife filed this application. According to her affidavit, her marriage with the respondent was performed on 17.12.2014 at Laxminarasimha Swamy Temple, Yadagirigutta, Nalgonda District, and after marriage, she joined the respondent. She stated that after some time, respondent started harassing her for additional dowry and she was sent away to her parents house. She stated that respondent filed Family Court O.P., before Family Court, Ranga Reddy District, for restitution of conjugal rights and that she filed a complaint before the police complaining about the conduct of respondent. It is stated that she is now residing with her parents a t Guntur and is dependant on the mercy of her parents. She stated that she has no financial support to meet the travel expenses from Guntur to Ranga Reddy District. She further stated that there is no safety for her life during journey. For these reasons, she prayed for transfer of O.P. from Family Court, Ranga Reddy District to Family Court, Guntur.
3. This Court permitted the petitioner to take personal notice to respondent so also to the Advocate of respondent on record before the lower Court and file proof of service. Advocate for the petitioner filed memo along with track report, postal receipt and office copy of notice dated 22.06.2016, stating that notice was sent
to advocate on record, but the postal acknowledgment is not received. It is submitted as per the track report of the postal department, registered post notice was delivered to the addressee on 23.06.2016.
4. I have perused the material papers filed along with the memo. The registered notice was served on the advocate for the respondent on 23.06.2016 as per the track report. In spite of that, neither the respondent was present nor any advocate appeared on behalf of the respondent.
5. Heard advocate for the petitioner.
6. Considering the reasons stated in the affidavit and also considering the convenience of the wife, O.P.No.1836 of 2015 is withdrawn from Family Court Ranga Reddy at L.B.Nagar and transferred to Family Court, Guntur, for disposal in accordance with law.
7. The Transfer C.M.P. is ordered accordingly. No order as to costs. Miscellaneous petitions, if any, pending shall stand closed.
S. RAVI KUMAR, J
12th July, 2016
sj
2 issues framed by the court
Whether Family Court O.P.No.1836 of 2015 should be withdrawn from Family Court Ranga Reddy and transferred to Family Court Guntur due to petitioner's lack of financial support and safety concerns.
Whether service of notice on advocate of respondent is sufficient in absence of respondent personally.
Wife
Respondent
S. RAVI KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
