THE HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CMP.No.623 of 2014 Date:15.12.2014 Between:
Smt. T. Jyothirmayi . Petitioner.
AND Dr. T. Srinivas . Respondent.
The Court made the following:
THE HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CMP.No.623 of 2014 ORDER:
This petition is filed to withdraw O.P No.50/2014 from Senior Civil Judge, Jagtial and transfer to Senior Civil Judge, Nirmal, Adilabad District.
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 Khanapur Village in Adilabad District and due to disputes, she is now living separately and her husband filed O.P.No.50/2014 before Senior Civil Judge, Jagtial for restitution of conjugal rights and she is residing with her parents at Khanapur and that it is difficult for her to travel all the way to Khanapur to Jagtial and that she has no assistance to escort her from Khanapur to Jagtial and it would be convenient for her, if the matter is transferred to Niraml, which is at a distance of 30 Kms from her parents village and on that ground, she sought transfer of the O.P from Jagtial to Niraml.
3. Husband filed counter disputing the affidavit averments of the wife and contended that he is an employee working as a Lecturer and residing at Karimnagar and from Karimnagar to Niraml, the distance would be around 150 KMs and that it would be difficult for him to attend Niraml Court for every hearing.
4. Heard both sides.
5. As seen from the material papers, the respondent/husband has shown his address in the O.P filed by him as Venkatraopet Village, Metpally, Karimnagar District. From the submissions of both sides, the distance from Metpally to Nirmal and Metpalli to Jagtial is almost similar and there is no much difference. Considering the contentions and rival contentions of both parties and also taking the convenience of wife into consideration, O.P.No.50/2014 is withdrawn from Senior Civil Judge, Jagtial, Karimnagar District and transferred to Niraml, Adilabad District for disposal in accordance with law. Since the respondent/husband represented that he is an employee and working as a Lecturer, the trial Court is directed to dispense with the presence of husband for each and every adjournment. However, he shall appear as and when the trial Court directs or feels that his physical presence is necessary for any specific purpose.
6. With above observation, Tr.CMP is ordered accordingly.
JUSTICE S. RAVI KUMAR
Date:15.12.2014 mrb