P PRAMEELA Vs. P EMANUEL VARA PRASAD

JUDGEMENT

(1.) Heard Sri Jyoti Prasad representing Sri Sarvabhouma Rao, Counsel for petitioner and Sri M. Srinivas Rao representing Sri Kouturi Vinay Kumar, Counsel for respondent.

(2.) The Transfer Civil Miscellanous Petition is filed praying for transfer of O.P. No. 755/2002 on the file of Family Court, Hyderabad to the Court of Senior Civil Judge, Kovvur, West Godavari District or to any other nearby competent Court and pass such other suitable orders.

(3.) The petitioner is the wife, the respondent/husband filed O.P.No. 755/2003 for dissolution of marriage under Sec. 10 of the Indian Divorce Act, 1869 on the file of the Family Court, City Civil Court, Hyderabad. The parties are Christians. It is stated in the affidavit filed in support of the Transfer Civil Miscellaneous Petition that the marriage of the parties was celebrated on 28-4-1992 at Rajahmundry, East Godavari District in accordance with Christian rites and customs and thereafter the petitioner joined the respondent at Rajahmundry and during the wedlock two children were born to them who are presently living with the petitioner. Several other allegations relating to harassment also had been averred in the affidavit filed in support of the Transfer Civil Miscellaneous Petition. It is stated that the petitioner received a notice from the Family Court, Hyderabad in O.P. No.755/2002 praying for the relief of divorce. It is further stated that there is nobody to assist the petitioner to travel all the way from Kovvur, West Godavari District to Hyderabad and no doubt the petitioner had stated that she was represented by an Advocate and she had requested her maternal uncle to attend the Court to represent her on 30-11-2002 and the Family Court had adjourned the matter to 4-1-2003. It is also stated that the respondent filed the above O.P. only with a view to harass the petitioner. The petitioner is residing with her mother who is a widow and living as a family pensioner. It is further stated that it is impossible for the petitioner to go to Hyderabad leaving her children at Kovvur to their fate to appear before the Family Court, Hyderabad and her mother is an old lady living without any male assistance. It is further stated that the petitioner is not at all employed and she is at present dependent on her aged mother who is both physically and financially weak and in such circumstances the petitioner filed the present Transfer Civil Miscellaneous Petition under Section 24 of the Code of Civil Procedure.