Court examined a transfer petition filed by a wife to shift a divorce matter from Hyderabad to Vijayawada. Finding no instructions and noting claims were settled, the petition was dismissed.
Transfer petition dismissed; liberty to maintain fresh petition.
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THE HON’BLE DR. JUSTICE B.SIVA SANKARA RAO
TRANSFER CIVIL MISCELLANEOUS PETITION No.237 OF 2016
ORDER:
The transfer petition is filed by the petitioner/ wife under Section 24 C.P.C., to transfer O.P.No.1644 of 2013 on the file of the Additional Family Judge-cum-XV Additional District Judge at Miyapur, Hyderabad, to the Judge, Family Court, Vijayawada.
The learned counsel for the petitioner reported no instructions. The petitioner is no other than wife of the respondent. She, being the respondent to the divorce petition seeking transfer of the said O.P. to the Family Court, Vijayawada.
The submission of the learned counsel for the respondent is that all the claims pending in Vijayawada are settled and the parties are arrived to an understanding to dissolve their marital tie and thereby, there are no grounds to transfer.
Having regard to the above facts, as there is nothing survives in the transfer petition, the Tr.C.M.P. is dismissed. If the petitioner has any grievance, she is at liberty to maintain a fresh petition.
Miscellaneous petitions pending consideration, if any, in this case
shall stand closed in consequence. There shall be no order as to costs.
Date: 15.11.2017 pab
_________________________ DR.B.SIVA SANKARA RAO, J
1 issue framed by the court
Whether the transfer petition in matrimonial matter is maintainable given settlement between parties.
1 provisions across 1 enactments
Wife (Petitioner)
Respondent
B.SIVA SANKARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
