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. 545 OF 2014 Between:
R.Sai Kumari … Petitioner V/s.
R. Sai Krishna … Respondent Counsel for Petitioner : Smt. B. Geeta Counsel for Respondent : None appeared The court made the following : [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR TRANSFER CMP.No. 545 OF 2014 O R D E R :
This Transfer CMP is filed to withdraw OP.No. 871 of 2014 from the file of Family Court, LB Nagar, Ranga Reddy district and transfer the same to Family Court, Vijayawada. Krishna district.
2. Petitioner herein is wife. She filed affidavit in support of petition. According to her affidavit, respondent-husband is her maternal uncle’s son and their marriage was performed on12/02/2012 and that she was driven out from matrimonial home in January 2014 and she gave complaint to the Protection Officer, District Woman and Child Welfare Department, Krishna district at Vijayawada and that husband filed OP.No. 871 of 2014 for restitution of conjugal rights.
3. It is contended in the affidavit that on 01/8/2014 she undergone caesarean with tubecotomy at St.Ann’s Hospital, Vijayawada and she got a small baby and it is highly difficult for her to move from Vijayawada to attend Family Court, LB Nagar, Ranga Reddy district to defend OP.No. 871 of 2014.
4. This Court on 11/9/2014 permitted the petitioner to take out personal notice to respondent by registered post with acknowledgement due and to file proof of service.
5. Advocate for petitioner submitted that in compliance of the said order, notice was sent to respondent on 15/9/2014 but the postal acknowledgement is not yet received. He submitted that as per track report of Indian Postal Service, the registered post cover was delivered to respondent on 16/9/2014 and in support of her submission she filed postal receipt and copy of internet track report, which is official website of Indian Postal Department.
6. None appeared for the respondent.
7. Considering the convenience of wife and the reasons stated in the affidavit filed in support of the petition, I am of the view that OP.No. 871 of 2014 is withdrawn from the file of Family Court, L.B. Nagar, Ranga Reddy district and transferred the same to Family Court, Vijayawada, Krishna district for disposal according to law.
8. Transfer CMP is ordered accordingly.
9. 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. 545 OF 2014 Circulation No. Date: 30/10/2014 Court Master : I s L Computer No. 43