Between:
HONOURABLE SRI JUSTICE S.RAVI KUMAR TRANSFER C.M.P.No.479 of 2014 Dated 27-10-2014 Dhan Prashanthi Kiran @ Thakur Prashanthi Kiran.
And:
Sri Dhan Ram Narayan Singh.
..Petitioner.
..Respondent.
ORDER:
HONOURABLE SRI JUSTICE S.RAVI KUMAR TRANSFER C.M.P.No.479 of 2014 This petition is filed to withdraw the F.C.O.P.No.76 of 2014 from the file of Family Court, Khammam and to transfer the same to Family Court, Warangal.
Petitioner herein is wife and respondent in F.C.O.P.No.76 of 2014 filed by husband for divorce.
Heard both sides.
The main grounds urged in the affidavit filed in respect of transfer F.C.O.P. is that the marriage was performed at Warangal and that the petitioner and husband last resided at Bangalore and that the respondent is residing at Khammam and therefore, the court at Warangal has got territorial jurisdiction and on that ground, the O.P. has to be transferred. The other grounds urged is that the petitioner being a lady and having premature son, it is difficult for her to attend court at Khammam for each and every adjournment and on that ground, she sought transfer of the F.C.O.P.
I have perused the material papers counter and reply affidavit filed on behalf of parties.
Considering the submissions of both sides and also contentions and rival contentions of both parties, I am of the view that objection with regard to jurisdiction is a defence available to the petitioner which she has to agitate before the court concerned and with regard to inconvenience by dispensing with the presence of petitioner for each and every adjournment before the Family Court at Khammam, this petition can be disposed of.
Accordingly, this petition is disposed of directing the Family Court, Khammam to dispense with the presence of petitioner herein i.e., respondent in F.C.O.P. No.76 of 2014 for each and every adjournment, but, she shall appear as and when the trial court feels that her physical presence is necessary for any specific purpose.
With this observation, this Transfer C.M.P. is disposed of.
As a sequel to the disposal of this Transfer C.M.P., the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 27-10-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs TRANSFER C.M.P.No.479 of 2014 Dated 27-10-2014