THE HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU TRANSFER CIVIL MISCELLANEOUS PETITION NO.26 OF 2023 ORDER :
This transfer civil miscellaneous petition has been filed by the petitioner/wife under Section 24 of the Code of Civil Procedure, 1908 against the respondent/husband with a prayer to transfer F.C.O.P.No.691/2022 filed by the respondent herein from the file of the Additional Family Court, Rangareddy District at L.B.Nagar, to the file of the Additional Family Court, Medchal-Malkajgiri District at Kukatpally, to be tried along with another petition filed by the respondent vide G.W.O.P.No.30/2022.
2. The petitioner has filed her own affidavit in support of the petition and submitted that her marriage was performed with the respondent on 07.12.2019 at Bowenpally, Secunderabad, as per Hindu rites and immediately, she joined the respondent and out of the wedlock, she gave birth to a male child on 27.09.2021. Subsequently, there were disputes between the couple as the respondent started harassing and ill-treating her. The 2 respondent has filed a petition vide F.C.O.P.No.691/2022 seeking divorce from the petitioner and another petition vide G.W.O.P.No.30/2022 seeking custody of the minor child before the Family Court, Rangareddy District at L.B.Nagar. Subsequently, in view of reorganization of the Judicial Districts, G.W.O.P.No.30/2022 has been transferred to the file of the Additional Family Court, Medchal-Malkajgiri District at Kukatpally. The petitioner has stated that even though she has requested the Court below not to transfer one petition alone from one Court to another Court in order to avoid conflicting Judgments but her request was not considered by the Court below and now, the petitioner sought for transfer of F.C.O.P.No.691/2022 also to the file of the Additional Family Court, Medchal-Malkajgiri District at Kukatpally, to be tried along with G.W.O.P.No.30/2022 pending on its file.
3. Notice was directed to the respondent. No representation for the respondent.
4. Heard learned counsel for the petitioner. 3
5. On perusal of the material available on record, it reflects that there is no dispute about the relationship between the parties and it is also clear that the respondent herein has filed two separate petitions, out of them, one petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking divorce from the petitioner herein while another petition under Sections 7 and 10 of the Guardians and Wards Act, 1890, seeking custody of the minor child.
6. Learned counsel for the petitioner has submitted that in view of the reorganization of the Judicial Districts, the petition filed by the respondent for custody of the minor child alone was transferred to Additional Family Court, Medchal-Malkajgiri District at Kukatpally. As rightly submitted by learned counsel for the petitioner, the said two petitions are between the same parties and the contentions of the petitioner as well as the respondent are identical in both petitions. Moreover, the distance between these two Courts is not a significant one and that the addresses mentioned in the cause of title of this petition reveals that the respondent is a resident of Saroornagar, Rangareddy District whereas the petitioner is a resident of 4 Medchal-Malkajgiri. Therefore, for the sake of convenience and for better adjudication of both the matters, it is just and necessary to transfer the divorce petition filed by the respondent to the file of the Additional Family Court, Medchal-Malkajgiri District at Kukatpally.
7. Under the circumstances narrated hereinbefore, the petition is allowed. As a consequence thereof, F.C.O.P.No.691/2022 on the file of the Additional Family Judge, Rangareddy District at L.B.Nagar, is withdrawn and transferred to the file of the Additional Family Judge, Medchal-Malkajgiri District at Kukatpally.
The concerned Court is hereby directed to transmit the entire case file, after duly indexed, within two weeks from the date of receipt of a copy of this Order, under the intimation to the other side.
Pending miscellaneous applications, if any, shall stand closed. No costs.
___________________________________ JUSTICE SAMBASIVA RAO NAIDU DATED 27.01.2023 YNK 5 THE HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU TRANSFER CIVIL MISCELLANEOUS PETITION NO.26 OF 2023 DATED 27.01.2023 YNK