THE HONOURABLE SRI JUSTICE S. RAVI KUMAR TR.CMP NO.102 OF 2014 ORDER This petition is filed to transfer O.P.No.67 of 2013 from Senior Civil Judge, Nizamabad to Family Court, City Civil Court, Hyderabad.
Petitioner herein is wife. She filed her affidavit contending that she is living at Hyderabad along with her aged mother and it is difficult for her to attend Nizamabad Court for defending OP.No.67 of 2013 as the distance between Nizamabad and Hyderabad is 175 Kms. It is further contended that she has nobody to accompany her to Nizamabad and respondent/husband is a police constable working at Nizamabad and he is already attending Court at Hyderabad in connection with DVC Case and therefore, there may not be any inconvenience to him.
Other side has not filed any counter disputing the affidavit averments of petitioner.
When wife stated on oath that she has no assistance to accompany her to Nizamabad and it is difficult for her to travel a distance of 170 KMs for defending OP No.67 of 2013, the same was not rebutted. From the affidavit of petitioner, it is clear that she filed DVC No.247 of 2013 and the same is pending before III Metropolitan Magistrate, Hyderabad and that respondent/husband is attending for enquiry in DVC No.247 of 2013.
Considering the reasons stated in the affidavit which remained un-challenged and also considering the convenience of the wife, I feel that the request of the petitioner can be considered.
For these reasons, OP No.67 of 2013 is withdrawn from the file of Senior Civil Judge, Nizamabad and transferred to Family Court, Hyderabad for disposal in accordance with law.
Accordingly, the Transfer CMP is allowed. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand dismissed.
S. RAVI KUMAR, J 11-12-2014 nvl