THE HONOURABLE SRI JUSTICE S. RAVI KUMAR TR.C.M.P No.492 OF 2014 ORDER:
This petition is filed to withdraw D.O.P.No.43 of 2014 from Principal District Judge, Kurnool, and transfer the same to Family Court, Nellore to be tried along with M.C.No.4 of 2014 pending before Family Court, Nellore.
Wife filed this petition on the ground that due to family disputes, she is staying at Nellore, her native place, and she filed Maintenance Case under Section 125 Cr.P.C., before Family Court, Nellore, claiming maintenance. She stated that distance between Nellore and Kurnool is 400 K.Ms., and it is difficult for her to travel from Nellore to Kurnool. She also stated that she got life threat at Kurnool and for these reasons she sought transfer of D.O.P. from Principal District Court, Kurnool, to Family Court, Nellore, to be tried along with M.C.No.4 of 2014 filed by her.
Respondent has filed counter disputing the affidavit averments and contended that his marriage was performed at Kurnool and the present petition is filed only to harass him and he is ready to pay travelling expenses to wife and another attendant to come to Kurnool and that there are no grounds to transfer the case.
Both sides submitted arguments in support of respective contentions of their parties.
From the material, it is clear that wife filed M.C. and the same is pending before Family Court, Nellore and D.O.P. is filed by husband in District Court, Kurnool. Admittedly, the allegations and counter allegations in both the cases are almost similar and if these two cases are tried by one Court, conflicting opinions can be avoided. Further, from the submissions of advocate for petitioner, husband is attending Court at Nellore in connection with M.C. and also 498-A case and that there may not be any difficulty for him, if this case is also transferred to Nellore to be tried along with M.C. pending at Nellore.
Considering the same, D.O.P.No.43 of 2014 is withdrawn from Principal District Judge, Kurnool, and same is transferred to Family Court, Nellore, to be tried along with M.C.No.4 of 2014.
Accordingly, Transfer C.M.P. is allowed.
As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand dismissed.
S. RAVI KUMAR, J 16.12.2014 KH