M Swathi vs. M Anand

THE HON'BLE Ms JUSTICE J.UMA DEVI

Tr.C.M.P.No.72 of 2021

ORDER:

This petition is filed seeking for withdrawal of F.C.O.P.No.418 of 2020 filed for divorce from the file of V Additional District and Sessionscum-Family Judge, Family Court, Visakhapatnam and to transfer it to the court of Senior Civil Judge Court, Tekkali, Srikakulam District where H.M.O.P No.34 of 2020 filed by the petitioner for restitution of conjugal rights is pending.

Petitioner is the wife of respondent herein. Her version is that she is a resident of M.Sunnapalli village, Naupada post, Santhabommali Mandal, Srikakulam Distrcit. She has filed H.M.O.P.No.34 of 2020 on the file of Court of Senior Civil Judge, Tekkali for restitution of conjugal rights against the respondent herein. Respondent has filed F.C.O.P.No.418 of 2020 on the file of District Family Court, Visakhapatnam for dissolution of marriage. She asserts that she has no male assistance and it is difficult for her to travel to Visakhapatnam for each and every adjournment. As per her version the material witnesses to be examined in both the cases are one and the same, and it will be more convenient for both parties if the cases are tried at one place. Mentioning these grounds, she urged for transfer of F.C.O.P.No.418 of 2020 from the file of V Additional District and Sessions-cum-Family Judge, Family Court, Visakhapatnam to the court of Senior Civil Judge, Tekkali, Srikakulam District.

In spite of service of notice the respondent has not appeared personally or through counsel.

Having regard to the assertions made by the petitioner, which are not controverted by the respondent who failed to respond to the notice

sent to him, transfer of F.C.O.P.No.418 of 2020 pending on the file of V Additional District and Sessions-cum-Family Judge, Family Court, Visakhapatnam is ordered.

Accordingly, the Transfer CMP is allowed by ordering for withdrawal of F.C.O.P.No.418 of 2020 from the file of V Additional District and Sessions-cum-Family Judge, Family Court, Visakhapatnam and for its transfer to the court of Senior Civil Judge Court, Tekkali, Srikakulam District for its disposal along with H.M.O.P.34 of 2020 by conducting joint trial in both the cases in accordance with law. No costs.

Pending miscellaneous applications, if any, shall stand closed in consequence.

_______________ J.UMA DEVI,J

Date: 28.06.2021 Dsr