Allowed

Yarrabathina Kalapana , Guru Kalpana v. Yarrabathina Guravaiah

Telangana HC14 Jul 2016TRCMP/67/2016

Case brief

AI extract

What is this about?

The wife filed a transfer petition seeking to withdraw a habeas corpus petition for restitution of conjugal rights pending in Gudur District Court and transfer it to Srikalahasti District Court. The petitioner cited distance, lack of male escort due to her father's illness, and apprehension of life threat at Gudur. The respondent did not appear. The court allowed the transfer.

What did the court decide?

H.M.O.P.No.121 of 2015 withdrawn from Senior Civil Judge, Gudur, and transferred to Senior Civil Judge, Srikalahasti, Chittoor District for disposal.

Yarrabathina Kalapana , Guru Kalpana Vs… — Matrimonial and Divorce | Telangana HC (2016)

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HON’BLE SRI JUSTICE S. RAVI KUMAR Tr.CIVIL MISCELLANEOUS PETITION No.67 of 2016

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ORDER:

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This petition is filed to withdraw H.M.O.P.No.121 of 2015 from the file of Senior Civil Judge, Gudur, SPSR Nellore District and transfer the same to Senior Civil Judge, Srikalahasti, Chittoor District.

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2. Wife filed this petition. According to her affidavit, her marriage with respondent was performed on 24.10.2012 at Kumar Mini Function Hall, Naidupeta, SPSR Nellore District as per Hindu rites and customs and soon after the marriage, she joined respondent. She stated that both of them lived happily for few months at Pileru, Chittoor District. Thereafter, she was necked out from matrimonial home and having no other go she went to her parents’ house at Challapalem Village, Sri Kalahasthi Mandal and now residing there. She stated that respondent filed H.M.O.P.No.121 of 2015 before Senior Civil Judge, Gudur for restitution of conjugal rights. She stated that distance between her parents place and Gudur is 100 kms and she being a lady it is difficult for her to travel for such a long distance to defend the proceedings. She further stated that her father is suffering with cancer and she has no male support to escort her. She also stated that she has no means to meet necessary expenditure of travel from Srikalahasthi to Gudur. She further stated that she apprehend life threat in the hands of respondent at Gudur. For these reasons, she prayed for transfer of H.M.O.P.No.121 of 2015 on the file of Senior Civil Judge, Gudur to Srikalahasthi.

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3. Respondent in spite of service of notice neither appeared in person nor through any advocate.

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4. Heard advocate for petitioner. Perused the affidavit filed in support of the petition.

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5. Considering the reasons stated in the affidavit filed in support of the petition and also considering the convenience of wife, H.M.O.P.No.121 of 2015 is withdrawn from the file of Senior Civil Judge, Gudur, SPSR Nellore District and transferred to Senior Civil Judge, Srikalahasti, Chittoor District for disposal in accordance with law.

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6. Accordingly, the Transfer Miscellaneous Petition is ordered. No costs. As a sequel, miscellaneous petitions, if any filed in this civil miscellaneous petition, shall stand closed.

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___________________ S. RAVI KUMAR, J

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Date: 14-07-2016 kvrm

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HON’BLE SRI JUSTICE S. RAVI KUMAR

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Tr.CIVIL MISCELLANEOUS PETITION No.67 of 2016

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DATED: 14.07.2016

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kvrm

Yarrabathina Kalapana , Guru Kalpana v. Yarrabathina Guravaiah

Case brief

What is this about?

What did the court decide?

Yarrabathina Kalapana , Guru Kalpana v. Yarrabathina Guravaiah

Case brief

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