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2020 DIGILAW 576 (AP)

Tompalli Ratna Kumari v. Tompalli Mahesh Kumar

2020-09-07

BATTU DEVANAND

body2020
JUDGMENT Battu Devanand, J. - This transfer petition is filed by the petitioner/wife to withdraw H.M.O.P.No.102 of 2017 on the file of the Court of the Senior Civil Judge, Vizianagaram and to transfer the same to the Court of the Judge, Family Court, Vijayawada. 2. Initially on 16.09.2019 this Court ordered notice to the respondent and also permitted the learned counsel for the respondent to take out personal notice and to file proof of service. On the same day by its order this Court ordered interim stay of all further proceedings in H.M.O.P.No.102 of 2017 on the file of the Court of learned Senior Civil Judge, Vizianagaram, until further orders. 3. The learned counsel for the petitioner Sri B.Parameshwara Rao represented that in compliance of the direction of the Court, a personal notice was issued to the respondent and it was served on him on 10.10.2019 and memo of proof of service is filed to that effect. It appears from the record that though notice was served on the respondent on 10.10.2019, there is no appearance on his behalf in this case till today. In view of the same, this Court is of the opinion that the respondent is not intending to oppose this transfer application. 4. Heard Sri B.Parameshwara Rao, the learned counsel for the petitioner. 5. Learned counsel for the petitioner submits that the petitioner and respondent are wife and husband and their marriage was performed on 03.03.2007 and they were blessed with a boy child. Due to some reasons she made complaint against the respondent and a crime in F.I.R.No.396 of 2015 was registered by II Town Police Station, Vijayawada under Section 498-A of I.P.C and it is pending. The petitioner also filed FCOP (MC) 405 of 2016 against the respondent under Section 125 of Cr.P.C for maintenance before the Court of the XVI District and Sessions-cum-Additional Family Judge, Vijayawada. The said FCOP(MC) 405 of 2016 was allowed by its order dated 11.07.2018. The petitioner also filed D.V.C.No.52 of 2016 on the file of the Court of I Additional Chief Metropolitan Magistrate, Vijayawada against the respondent under Section 12 of Protection of Women from Domestic Violence Act, 2005 and the same was partly allowed by its order dated 02.08.2018. Now the respondent is attending the Criminal case pending at Vijayawada. 6. The petitioner also filed D.V.C.No.52 of 2016 on the file of the Court of I Additional Chief Metropolitan Magistrate, Vijayawada against the respondent under Section 12 of Protection of Women from Domestic Violence Act, 2005 and the same was partly allowed by its order dated 02.08.2018. Now the respondent is attending the Criminal case pending at Vijayawada. 6. The respondent/husband filed H.M.O.P.No.102 of 2017 under Section 13(ia)(ib) of Hindu Marriage Act seeking divorce by way of dissolution of the marriage between them, pending on the file of the Court of Senior Civil Judge at Vizianagaram. 7. The learned counsel for the petitioner submits that the petitioner is residing at Vijayawada along with her tender aged boy and it is very difficult to her to travel for a long distance i.e. nearly 500 KMs to attend the H.M.O.P.No.102 of 2017 at Vizianagaram and requested to transfer the same to Vijayawada. 8. Having considered the submissions of the learned counsel for the petitioner, upon perusing the material available on record and also in the light of the fact that the respondent is not opposing the transfer application even after receipt of the notice, this Court is of the opinion that in the interest of justice, the present Transfer Civil Miscellaneous Petition has to be allowed. 9. In the result, this Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.102 of 2017 on the file of the Court of the Senior Civil Judge at Vizianagaram is withdrawn and transfer to the court of the Judge, Family Court at Vijayawada. 10. As a sequel, miscellaneous petitions, if any, pending in this case shall stand closed.