M. Premlatha Vs. S. Sivaram
EmailAppeal: Transfer Petition No. 221 of 1999
Petitioner: M. Premlatha
Respondent: S. Sivaram
Apeal: Transfer Petition No. 221 of 1999
Judges: S.P. BHARUCHA, S. RAJENDRA BABU & RUMA PAL, JJ.
Date of Judgment: Mar 13, 2000
Head Note:
CIVIL LAW
Civil Procedure Code, 1908
Section 25 – Transfer – Matrimonial proceedings by husband at Hyderabad – Petition for dissolution by wife at Kottayam, Kerala, where wife residing with retired par-ents – Apprehension of physical hurt to wife. Held that petition of husband be transferred from Hyderabad to Kottayam.
(Para 2)
JUDGEMENT:
ORDER
1. This is a Transfer Petition by the wife. She seeks the transfer of matrimonial proceedings filed by the husband against her in Saroornagar, Hyderabad to Kottayam, Kerala. It is her case that she had already filed a petition for dissolution of the marriage in the Court at Kottayam where she was residing with her retired parents. She is now working in Bangalore. It appears that the conduct of the husband has caused apprehension of physi-cal hurt, should the wife go to Hyderabad to contest matrimonial proceedings.
2. The husband has been served, has filed the counter but is not represented. The allegation in the counter is that he is appre-hensive of going to Kottayam because he apprehends violence from the wife’s father who is a “rowdy sheeter”. Perusal of the papers indicates that it is in the interest of justice that the transfer petition should be allowed, accordingly, OP No. 179/98 pending before the Principal Senior Civil Judge, Rangareddy District at Saroornagar, Hyderabad should stand transferred to the Special Court, Kottayam, Kerala. Order on the Transfer Petition accord-ingly. No order as to costs.
1. This is a Transfer Petition by the wife. She seeks the transfer of matrimonial proceedings filed by the husband against her in Saroornagar, Hyderabad to Kottayam, Kerala. It is her case that she had already filed a petition for dissolution of the marriage in the Court at Kottayam where she was residing with her retired parents. She is now working in Bangalore. It appears that the conduct of the husband has caused apprehension of physi-cal hurt, should the wife go to Hyderabad to contest matrimonial proceedings.
2. The husband has been served, has filed the counter but is not represented. The allegation in the counter is that he is appre-hensive of going to Kottayam because he apprehends violence from the wife’s father who is a “rowdy sheeter”. Perusal of the papers indicates that it is in the interest of justice that the transfer petition should be allowed, accordingly, OP No. 179/98 pending before the Principal Senior Civil Judge, Rangareddy District at Saroornagar, Hyderabad should stand transferred to the Special Court, Kottayam, Kerala. Order on the Transfer Petition accord-ingly. No order as to costs.
