GANGAVARAPU GURINDAPALLI NISSI Vs. GANGAVARAPU RAVINDRA BABU

JUDGEMENT

(1.) This transfer petition is filed seeking to transfer DOP No.1 of 2021 on the file of the VI Additional District Judge's Court, Markapur to the Court of the Judge, Family Court, Guntur.

(2.) Case of the petitioner is that, the respondent is her husband and their marriage was performed on14.10.2010 at Baptist church, Mission Compound, Podili Town as per the Christian rites and they were blessed with a female child on 30/6/2014; the respondent started harassing the petitioner and necked out the petitioner from matrimonial home and the petitioner is staying with her old aged parents at Guntur; she filed MC No.192 of 2021 on the file of the Family Court, Guntur seeking maintenance against the respondent; while so, the respondent filed DOP No.1 of 2021 under Sec. 10(1)(IX) (X) of Indian Divorce Act, 1869 seeking divorce; it is highly difficult to travel all the way from Guntur to Markapur for each and every adjournment with the child and there is imminent danger to her life and hence, she filed the present petition seeking transfer of DOP from Markapur to the Court of the Family Court, Guntur.

(3.) Even though notice was sent to the respondent and the counsel for the respondent in DOP No.1 of 2021, notice sent to the respondent was returned with an endorsement that the addressee left the place and the notice sent to the counsel for the respondent was served on the counsel on 30/7/2021. Thereafter, counsel for the petitioner took out notice by way of substituted service, by way of publication in Eenadu news paper on 9/1/2022 in Prakasam District. In spite of the same, none appeared for the respondent. When the transfer CMP came up for admission on 5/5/2021, this court granted interim stay of all further proceedings in DOP No.1 of 2021 on the file of the VI Additional District Judge, Markapur. Heard Sri PenumakaVenkata Rao, learned counsel for the petitioner and perused the record.