Theja V. Nagarjuna Vs. V. Nagarjuna
Civil Procedure Code, 1908
Section 25 – Transfer – Divorce Petition at Hyderabad – Wife at Bangalore having aged parents and minor child – None else to accompany – Restitution petition filed by her at Bangalore. Held; divorce petition at Hyderabad ordered to be transferred to Bangalore for being decided with other petition. (Paras 3 to 5)
1. This petition is filed seeking transfer of Divorce Petition O.P. No. 7/99 pending before I Senior Civil Judge, Ranga Reddi District Court, Saroor Nagar, Hyderabad, to the Family Court at Bangalore.
2. Notice was issued to the Respondent and the office report shows that although the respondent has been served but has not put in appearance in this case. We, therefore, decide the matter ex-parte.
3. In the petition, petitioner has stated that she is unable to meet the expenditure of travel to Hyderabad from Bangalore for attending the day-to-day proceeding of the Divorce Petition and moreover she has a minor son and excepting her aged parents there is none to accompany her to Hyderabad.
4. The petitioner has already filed a petition for restitution of conjugal rights, which is pending before the Family Court, Banga-lore.
5. Under such circumstances, we transfer Divorce Petition O.P. No. 7/99 titled V. Nagarjuna v. V. Theja pending before I Civil Judge Ranga Reddi District Court, Saroor Nagar, Hyderabad to Family Court at Bangalore to be heard and decided along with M.C. No. 632/99, pending before the Family Court at Bangalore.