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 TRCMP.No. 598 OF 2014 Between:
Tula Srilatha Naga Kausalya … Petitioner V/s.
Tula Srinivasa Rao … Respondent Counsel for Petitioner : Sri K.Chidambaram Counsel for Respondent : None appeared The court made the following : [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR TRCMP.No. 598 OF 2014 O R D E R :
This Transfer CMP is filed to withdraw marriage OP.No. 41 of 2014 from the file of Senior Civil Judge, Razole, East Godavari district and transfer the same to Senior Civil Judge, Narsapur, West Godavari district.
2. Petitioner herein is wife and she filed her affidavit in support of the petition.
According to her affidavit, her marriage with respondent was solemnized on 19/11/2009 at Narsapur, West Godavari district and she stayed with her husband for a period of four months and due to disputes she is now living at Narsapur and she also lodged a complaint to the Station House Officer, Narsapur Police Station, which is registered as FIR in Crime No. 110 of 2014 and it is pending investigation.
3. It is contended in the affidavit that respondent filed OP.No.41 of 2014 before Senior Civil Judge, Razole, East Godavari district for dissolution of marriage and that she has no male assistance to go to Razole to pursue the said OP. It is contended in the affidavit that she is now residing with her parents and living on the mercy of her father and brother and that she has also apprehending danger to her life at Razole in the hands of family members of her husband.
4. This Court permitted the petitioner to take out personal notice to respondent by registered post with acknowledgement due and to file proof of service accordingly petitioner took personal notice to respondent and postal acknowledgement is filed with a memo on 27/10/2014. Inspite of service of notice, respondent did not appear either in person or through advocate.
5. Heard Advocate for petitioner.
6. Advocate for petitioner submitted that petitioner-wife has no financial assistance and also no male assistance to travel all the way to Razole to defend OP filed against her, by considering the convenience of petitioner-wife, OP.No.41 of 2014 may be transferred to Senior Civil Judge, Narsampur. He further submitted that marriage was solemnized at Narsapur and both parties have last resided at Narsapur, therefore, as per Section 19 of the Hindu Marriage Act, OP.No.41 of 2014 has to be filed at Narsapur, West Godavari district. Considering these aspects, the request of the petitioner may be considered.
7. I have perused the material papers and the affidavit filed in support of the petition.
8. Considering the affidavit of petitioner and the submissions of advocate for petitioner, OP.No. 41 of 2014 is withdrawn from the file of Senior Civil Judge, Razole, East Godavari district and transferred to Senior Civil Judge, Narsapur, West Godavari district for disposal according to law.
9. Transfer CMP is ordered accordingly.
10. 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. 598 OF 2014 Circulation No.81 Date: 30/10/2014 Court Master : I s L Computer No. 43