THE HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CMP.No.535 of 2013 Date:15.12.2014 Between:
Smt. Guntamukkala Madhavi . Petitioner.
AND . Respondent.
Sri Puchala Jaya Mallikarjuna Rao The Court made the following:
THE HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CMP.No.535 of 2013 ORDER:
This petition is filed to withdraw M.O.P No.58/2013 from the Senior Civil Judge, Kakinada and transfer the same to Family Court, Secunderabad.
2. Wife is the petitioner herein. She filed her affidavit in support of the petition and according to her affidavit, her marriage was performed at North Lalaguda, Secunderabad 18-10-2008 and due to disputes, they are living separately. She contended that she filed FCOP.No.564/2012 before Family Court, Secunderabad for divorce and as a counter blast, husband filed M.O.P.No.58/2013 before Senior Civil Judge, Kakinada for restitution of conjugal rights. It is contended that both the O.Ps have to be tried by one Court and it is convenient for her, if the O.P from Kakinada is transferred to Secunderabad as the respondent husband is also attending Secunderabad Court in connection with FCOP No.564/2012.
3. Respondent in spite of service of notice, neither appeared in person nor through Advocate.
4. Considering the reasons stated in the affidavit and also considering the fact that both the O.Ps have to be tried by one Court to avoid conflicting opinions, M.O.P No.58/2013 is withdrawn from the Court of Senior Civil Judge, Kakinada and transferred to Family Court, Secunderabad for disposal in accordance with law.
5. Accordingly, Tr.CMP is allowed. No costs.
JUSTICE S. RAVI KUMAR
Date:15.12.2014 mrb