Aruna Kumari v. v.Danial Jaya Kumar

HON’BLE SRI JUSTICE S. RAVI KUMAR

TRANSFER C.M.P.Nos.31 and 48 of 2016

ORDER:

These two petitions are filed to withdraw O.P.Nos.1864 and 1865 of 2014 from the file of Family Court, Ranga Reddy District, and transfer them to Family Court, Anantapur.

2. Wife filed these two petitions and according to her affidavits, her marriage with respondent was performed on 21.11.2007 and due to harassment, she is living separately as her husband deserted her. She stated that she has been residing with her children and she is unemployed house wife and leading life of destitute woman at her mother’s house and facing financial crunch. She further stated that distance between her place of residence and Family Court, Ranga Reddy District is 330 K.Ms. and it is difficult for her to travel all the way with her minor children. She also stated that she is not in a position to meet the expenses from her place of residence to Ranga Reddy, therefore, she sought transfer of O.P. from Family Court, Ranga Reddy District to Family Court, Anantapur, which is at the distance of 80 K.Ms. from her place of residence.

3. Respondent/husband filed counter disputing the affidavit averments of the petition and contended that transfer is sought on frivolous and untenable grounds and transfer from one Court to another cannot be ordered at the request of a party, who wants to avoid a particular Court. It is further stated that the petitioner resigned her job at Ranga Reddy and left to Guntakal only for the purpose of filing transfer petition and that minor children were staying at Hyderabad and she intentionally took them to her parents house to gain sympathy of the Court for transfer. It is further stated that parents of the respondent are staying at Nirmal and he is the only son who is taking care of his old aged parents and that his father is a heart patient and he has to frequently visit his parent’s house at Nirmal and if the case is transferred to Anantapur, it will cause great inconvenience to