Smt. Perakam Sridevi v. Perakam Balanjaneyulu
Case brief
What is this about?
The court allowed a transfer application withdrawing an Order from Senior Civil Judge, Rajampeta, and transferred it to Senior Civil Judge, Machilipatnam, to accommodate the petitioner's convenience and safety.
What did the court decide?
O.P.No.44 of 2014 withdrawn from Senior Civil Judge's Court, Rajampeta, to be transferred to Senior Civil Judge's Court, Machilipatnam.
What the court decided
THE HON’BLE SRI JUSTICE S. RAVI KUMAR
Tr.C.M.P.No.50 of 2016
ORDER:
This application is filed to withdraw Marriage O.P.No.44 of 2014 from the Court of Senior Civil Judge, Rajampeta, Kadapa District and transfer the same to the Court of Senior Civil Judge, Machilipatnam, Krishna District.
2. Wife filed this application. According to her affidavit, her marriage with respondent was solemnised on 24.08.2005 at Rajampeta, Kadapa District, as per hindu rites and caste customs and they are blessed with a male child on 03.08.2006 and that she joined respondent at Rajampeta on 06.12.2006, thereafter, respondent addicted to bad vices and started harassing her and finally she was necked out from house on 04.07.2008 and having no other alternative, she took shelter in her brother’s house at Machilipatnam. She stated that she gave a complaint and a case was registered against respondent and his parents before II Additional Judicial Magistrate of First Class, Machilipatnam in C.C.No.243 of 2009 and that she filed M.C.No.14 of 2009 seeking maintenance and that the maintenance petition was allowed on 05.10.2015. She further stated that respondent filed divorce petition before Senior Civil Judge, Rajampeta and it is difficult for her to travel from Machilipatnam to Rajampeta with her child. She also stated that she suspect danger to her life at Rajampeta and that she has no financial capacity to meet travel expenses from Machilipatnam to Rajampeta for each and every adjournment. For these reasons, she prayed for transfer of O.P. from the Court of Senior Civil Judge, Rajampeta, Kadapa District to the Court of Senior Civil Judge, Machilipatnam, Krishna District.
3. Respondent filed counter disputing affidavit averments of petitioner and contended that transfer petition is not maintainable at this
Issues for consideration
1 issue framed by the court
Whether the first instance Order in matrimonial proceedings can be transferred from Rajampeta to Machilipatnam for the convenience of the wife.
Parties & counsel
- petitioner
petitioner
- respondent
respondent
Coram
S. RAVI KUMAR
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · July
- Registered
- Case no.
- TRCMP/50/2016
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