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2018 Supreme(Telangana) 444

IN THE HIGH COURT OF FOR THE STATE OF TELANGANA AND ANDHRA PRADESH AT HYDERABAD
M.SATYANARAYANA MURTHY, J.
Eluri Sudharani, E.G.Dist – Appellant
Versus
Eluri Srinivasa Rao, W.G.Dist – Respondent
TRCMP/9498/2017, Transfer Civil Miscellaneous Petition Nos.809, 816, 848, 852 & 855 of 2016 & 92, 160, 199, 232, 239, 240, 242, 258, 262, 273, 275, 284, 286, 290, 291, 318, 373, 389, 397 & 421 of 2017
Decided on : 06-12-2018

ORDER :

1. All these Transfer Civil Miscellaneous Petitions are filed under Section 24 of the Code of Civil Procedure (for short “CPC”) to withdraw the Original Petitions pending on the file of different Courts shown in column No.2 and transfer the same to the Courts shown in Column No.3, on the ground mentioned in Column No.4 of the table given hereunder.

S No

Transfer OP No.

Court where petition is pending – Court where petition is to be transferred

Transfer Petition by the wife or husband

Relief claimed in petition sought to be transferred

Ground for seeking transfer

(1)

(2)

(3)

(4)

(5)

(6)

1.

809/2016

FCOP No.82/2016

From

Family Court, Visakhapatnam

To

Family Judge, Srikakulam

Wife-Petitioner

Dissolution of marriage by decree of divorce under

Sec.13(1)(ib) Hindu Marriage Act.

No male assistance for me to travel more than 120Km.

Threat to life at the hands of the Respondent at Visakhapatnam.

Petitioner filed dowry harassment and restitution of conjugal rights cases at Srikakulam, hence the present petition can be transferred to srikakulam so that both cases can be heard together.

2.

816/2016

HMOP No35/2016

From

Principal Senior Civil Judge, Khammam

To

Principal Senior Civil Judge, Adilabad

Wife-Petitioner

Dissolution of marriage by decree of divorce under Sec.13(1)(ia) (ib)Hindu Marriage Act

No source of income.

Not keeping good health, hence it would be difficult to travel.

3.

848/2016

O.P.No.596/2016

From

Family Court, Secunderabad

To

Family Court, Rajamahendravaram

Wife-Petitioner

Dissolution of marriage by decree of divorce under Sec.13(1)(ia) Hindu Marriage Act

Difficulty in travelling the distance between Rajahmundry and Seunderabad which is 400Km.

Apprehension of danger in the hands of the Respondent

4.

852/2016

O.P.No.179/2016

From

Family Court, Warangal

To

Family Court Nizamabad

Wife-Petitioner

Dissolution of marriage by decree of divorce under Sec.13(1)(ia) Hindu Marriage Act

No independent source of income.

Difficulty in travelling a distance of 220Km.

DVC case pending in Nizamabad Court.

Respondent is resident of USA, hence no prejudice if the matter is tried in Nizamabad.

5.

855/2016

O.P.No.345/2016

From

Family Court, Vijaywada

To

Senior Civil Judge, Bapatla

Wife-Petitioner

Decree declaring marriage of the petitioner to the Respondent as null and void under sec. 12(c) of Hindu Marriage Act.

Unable to travel a distance of 80Km.

Apprehends threat to life.

No means to meet the expenditure.

DVC No. 20/201 pending at Bapatla, hence the present petition can also be transferred.

6.

92/2017

FCOP No.2049/2016

From

Family Court, Ranga Reddy

To

Family Court Anantapur

Wife-Petitioner

Dissolution of marriage by decree of divorce under Section 13(1)(ia) Hindu Marriage Act.

Difficulty in travelling a distance of 400Km.

Respondent is residing in Banglore and distance between Bangalore and Anantapur is 200Km, hence it is convenient for Respondent also.

Cr.No.2/2017 pending before Anantapur court

7.

160/2017

O.P.No.153/2016

From

Family Court, Karimnagar

To

Family Court, Secunderabad

Wife-Petitioner

Dissolution of marriage by decree of divorce under Sec.13(1)(ia)(ib) Hindu Marriage Act.

Unable to travel a distance of 200Km, without male assistance.

Apprehends life threat at the hands of Respondent.

8.

199/2017

O.P.No.874/2016

From

District Judge, Eluru

To

District Judge, Rajahmundry

Wife-Petitioner

Dissolution of marriage by decree of divorce under Sec. 10 of Christian Marriage Act, 1872

No independent source of income. Difficulty in travelling a distance of 100Km.

DVC SR.No. 1888/20

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