IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH THURSDAY THE THIRTYFIRST DAY OF OCTOBER TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR TRANSFER CMP.NO. 595 OF 2014 Between:
C. Padmavathi … Petitioner V/s.
C.Bakthavasthala … Respondent Counsel for Petitioner : Sri M. Murali Lincoln Counsel for Respondent : None appeared The court made the following : [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR TRANSFER CMP.No. 595 OF 2014 O R D E R :
This Transfer CMP is filed to withdraw FCOP.No. 70 of 2014 from the file of Family Court, Kurnool.
2. Petitioner is wife and she filed her affidavit in support of the petition. According to her affidavit, she filed DVC.No. 15 of 2011 before Special Judicial Magistrate of First Class for Prohibition and Excise, Kurnool, wherein a sum of Rs.7000/- was granted to her as ‘maintenance’ and her daughter filed FCMC.No. 2 of 2014 before Family Court, Kurnool and the same is pending and the respondent/husband is attending Family Court, Kurnool, for these two matters.
3. It is contended in the affidavit that respondent is an employee working at Tirupati and though there is no jurisdiction for Family Court-cum-V-Additional District Judge, Tirupati he filed FCOP.No. 70 of 2014 only to harass her.
4. Respondent did not appear inspite of service of notice.
5. Heard advocate for petitioner. He submitted that as per section 19 of the Hindu Marriage Act, O.P. has to be filed where marriage was solemnized, where both parties last resided or where respondent is residing but the husband intentionally filed O.P. at Family Court-cum-V-Additional District Judge, Tirupati only to harass her. He further submitted that wife has no financial capacity to travel all the way from Kurnool to Tirupati for each and every adjournment and she is solely dependent on the maintenance amount. He further submitted that maintenance is granted but the respondent is not paying any amount, and execution petition is also filed and it is also pending in Family Court, Kurnool.
6. Considering the affidavit of petitioner and submissions of advocate for petitioner while taking into consideration convenience of wife, FCOP.No.70 of 2014 is withdrawn from the file of Family Court-cum-V-Additional District Judge, Tiurpati and transferred to Family Court, Kurnool, for disposal according to law.
7. Transfer CMP is ordered accordingly.
8. As a sequel, miscellaneous petition if any, pending in this Transfer CMP shall stand closed.
JUSTICE S. RAVI KUMAR .
30/10/2014
I s L
HONOURABLE SRI JUSTICE S. RAVI KUMAR TRANSFER CMP.NO. 595 OF 2014 Circulation No.80 Date: 30/10/2014 Court Master : I s L Computer No. 43