Barri Mani vs Barri Ananda Rao
2021 Latest Caselaw 4543 AP

Citation : 2021 Latest Caselaw 4543 AP
Judgement Date : 8 November, 2021

Andhra Pradesh High Court - Amravati

Barri Mani vs Barri Ananda Rao on 8 November, 2021

                      HIGH COURT OF ANDHRA PRADESH : AMARAVATI

               Main Case: Transfer CMP No.166 of 2019 & Tr.Crl.P. No.11 of 2021

                                      PROCEEDING SHEET

Sl.   Date                                     ORDER                              OFFICE
No.                                                                                NOTE
14 08.11.2021 KVL, J

                      Tr.CMP No.166 of 2019 is filed by the petitioner-wife
                      seeking withdrawal and transfer of FC OP NO.1186 of
                      2013 on the file of the Court of the Judge, Family
                      Court, Visakhapatnam to any Court at Kakinada.
                      Petitioner also filed Tr.Crl.P.No.11 of 2021 seeking to
                      withdraw and transfer FC OP No.946 of 2016 on the file
                      of the Judge, Family court, Visakhapatnam to any Court
                      at Kakinada.
                      Presence of the petitioner before the trial Court was
                      exempted. On 06.10.2020 at request of the learned
                      counsel for the respondent, the matter was listed after

Dasara vacation of 2020; thereafter, it was listed to 05.11.2020 21.01.2021, 02.02.2021, 09.02.2021, 26.02.221, 24.03.2021, 07.07.2021, 02.08.2021 and to 17.08.2021 and number of times, learned counsel for the respondent seeks time. Again today when the matter is taken up for hearing, learned counsel for the respondent seeks time to file counter-affidavit. Learned Public Prosecutor, who is assisting the case, submits that as per the judgment of the Hon'ble Supreme Court in 'Sumita Singh vs Kumar Sanjay1', convenience of the wife is paramount important in transferring the case.

There is an interim direction in favour of the petitioner exempting her presence before the trial court. In view of the facts and circumstances, there shall be interim stay of all further proceedings in FC OP No.1186 of 2013 on the file of the Judge, Family Court, Visakhapatnam. List both the matters on 17.11.2021.

______ KVL, J

BSS

(2001)10 SCC 41