HONOURABLE SRI JUSTICE S.RAVI KUMAR TRANSFER C.M.P.No.249 of 2014 Dated 6-11-2014 Between:
Jayashree.
And:
G.Ramesh Kumar.
..Petitioner.
..Respondent.
HONOURABLE SRI JUSTICE S.RAVI KUMAR TRANSFER C.M.P.No.249 of 2014 ORDER:
This petition is filed to withdraw I.A.No.501 of 2013 in O.P.No.1065 of 2008 from the file of Additional Family Court, Visakhapatnam and transfer the same to Family Court, L.B.Nagar, Ranga Reddy District for disposal in accordance with law.
Heard both sides.
Petitioner herein is the wife and respondent herein filed O.P.No.1065 of 2008 against the wife before Additional Family Court, Visakhapatnam and wife moved this court for transfer of the said O.P. in Transfer C.M.P.No.92 of 2009 and this court by an order dated 23-6-2009 allowed the transfer O.P. and ordered transfer of O.P.No.1065 of 2008 from Family Court, Visakhapatnam to Family Court, L.B.Nagar, Ranga Reddy District.
It appears that even before the said order is communicated to the Additional Family Court, Visakhapatnam O.P.No.1065 of 2008 was allowed on exparte basis on 23-6-2009. Now it appears I.A.No.501 of 2013 filed by wife is pending and the contention of the wife is that this I.A.No. along with O.P. record has to be transferred from Additional Family Court, Visakhapatnam to Family Court, L.B.Nagar, Ranga Reddy District.
Admittedly, the main O.P. is not pending as on today and only interlocutory applications are pending. The transfer order of this court could not be executed because by the date of communication, the main O.P. was disposed of.
So, considering these aspects, I feel that this petition can be disposed of directing the Additional Family Court, Visakhapatnam to expedite the enquiry in I.A.No.501 of 2013 without insisting for the presence of both parties and decide it on merits within two months from the date of receipt of copy of this order in accordance with law and in case, O.P. is restored, the Additional Family Court, Visakhapatnam, has to comply the orders of this court passed in Transfer C.M.P.No.92 of 2009. Accordingly, this Transfer C.M.P.No.249 of 2014 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 6-11-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs TRANSFER C.M.P.No.249 of 2014 Dated 6-11-2014