Partly allowed

Smt. Vangapandu Divya Teja v. Vangapandu Damodara Rao

Telangana HC13 Jul 2016TRCMP/25/2016

Case brief

AI extract

What is this about?

The petitioner wife sought withdrawal and transfer of a matrimonial petition filed at Bobbili to the East Godavari District due to travel difficulties. The respondent opposed citing safety apprehensions but offered to bear travel costs. The court balanced both arguments and ordered the transfer.

What did the court decide?

H.M.O.P. No. 45 of 2015 transferred from Senior Civil Judge, Bobbili to Family Court, East Godavari at Rajahmundry.

Smt. Vangapandu Divya Teja Vs Vangapandu Damodara… — Matrimonial and Divorce | Telangana HC (2016)

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HON’BLE SRI JUSTICE S. RAVI KUMAR

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TRANSFER C.M.P. No. 25 of 2016

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ORDER:

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This petition is filed to withdraw H.M.O.P.No.45 of 2015 from the file of Senior Civil Judge, Bobbili, and transfer the same to Senior Civil Judge, Kakinada or any competent Court having jurisdiction at Kakinada.

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2. Wife filed this petition. According to her affidavit, her marriage with respondent was solemnized on 24.06.2011 at Kakinada, according to Hindu rites and custom and she joined respondent at Hyderabad and lead marital life for some time and thereafter due to disputes she is staying with her parents at Kakinada and living on their mercy and that she filed M.C.No.32 of 2015 before V Additional Judicial First Class Magistrate, Kakinada and after receipt of notice in M.C., respondent filed H.M.O.P.No.45 of 2015 for dissolution of marriage before Senior Civil Judge, Bobbili, though he is residing at Hyderabad. She stated that it is difficult for her to travel from Kakinada to Bobbili as she has no financial support to meet the expenses, therefore, prayed for transfer of H.M.O.P.No.45 of 2015 from Bobbili to Kakinada.

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3. Respondent filed counter disputing the affidavit averments of petitioner and he mainly contended that he apprehends danger in the hands of petitioner to his life at Kakinada and that he is ready to pay charges to petitioner

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from Kakinada to Bobbili towards travelling expenses for attending the Court proceedings and prayed for dismissal of transfer C.M.P.

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4. Heard both sides.

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5. Considering the contentions and rival contentions of both parties, so also convenience of wife and apprehension expressed by respondent, I feel that H.M.O.P.No.45 of 2015 can be transferred to Family Court of East Godavari District.

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6. For these reasons, H.M.O.P.No.45 of 2015 is withdrawn from Senior Civil Judge, Bobbili, and transferred to Family Court, East Godavari at Rajahmundry, for disposal in accordance with law.

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7. Accordingly, this transfer C.M.P. is ordered.

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8. Miscellaneous petitions pending, if any, shall stand closed.

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__________________ S. RAVI KUMAR, J 13^th July 2016. mar

Smt. Vangapandu Divya Teja v. Vangapandu Damodara Rao

Case brief

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Smt. Vangapandu Divya Teja v. Vangapandu Damodara Rao

Case brief

What is this about?

What did the court decide?

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