THE HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CMP.No.671 of 2014 Date:15.12.2014 Between:
Vemula Lakshmi Sirisha . Petitioner.
AND Puppala Giri Babu . Respondent.
The Court made the following:
THE HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CMP.No.671 of 2014 ORDER:
This petition is filed to withdraw FCOP No.960/2014 from the Family Court, Visakhapatnam and transfer the same to Principal Senior Civil Judge, Rajahmundry to be tried along with O.P.No.127/2014.
2. Wife is the petitioner herein. She filed her affidavit in support of the petition and according to her affidavit, she is working at Rajahmundry and she field O.P.No.127/2014 before Senior Civil Judge, Rajahmundry for divorce and whereas, her husband filed F.C.O.P.No.960/2014 before Family Court, Visakhapatnam for restitution of conjugal rights and that both the O.Ps have to be tried by one Court to avoid conflicting decisions. It is further stated that the husband is already attending Rajahmundy in connection of criminal cases and it will be convenient, if this O.P from Visakhapatnam is transferred to Rajahmundry.
3. Respondent filed counter disputing the affidavit averments and the only objection of the respondent is that he apprehends danger in the hands of brother of petitioner at Rajahmundry and except Rajahmundry, he is ready to attend any other Court.
4. Heard arguments.
5. Both side Advocates submitted their arguments supporting the contentions of their respective parties.
6. Admittedly, both the O.Ps are filed invoking the provisions of Hindu Marriage Act; one is for restitution of conjugal rights and other is for divorce. According to submissions of both sides, husband is working at Hyderabad and wife is working at Rajahmundry, but the only apprehension of the husband is that brother of the petitioner may cause some danger to his life at Rajahmundry.
7. Considering these contentions, I feel that this petition can be disposed of by dispensing with the presence of husband for each and every adjournment for the enquiry in both the O.Ps.
8. For these reasons, F.C.O.P.No.690/2014 is withdrawn from the Family Court, Visakhapatnam and transferred to Principal Senior Civil Judge, Rajahmundry to be tried along with O.P.No.127/2014. The learned Senior Civil Judge, Rajahmundry shall dispense with the presence of respondent/husband for both the O.Ps for each and every adjournment. However, respondent/husband shall appear as and when directed or when the Court feels that his physical presence is necessary for any specific purpose.
9. Accordingly, Tr.CMP is ordered. No costs.
JUSTICE S. RAVI KUMAR
Date:15.12.2014 mrb