Andhra Pradesh High Court - Amravati
Smt. Desu Gurram Lakshmi ... vs Sri. Desu Subba Rao, on 15 March, 2022
1
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
TRANSFER CIVIL MISCELLANEOUS PETITION No. 48 of 2022
ORDER:
Transfer Civil Miscellaneous Petition is filed seeking
withdrawal of F.C.O.P.No.370 of 2020 from the Family Court,
Guntur and to transfer the same to this Court and to dispose
of the same along with F.C.A.No.455 of 2018 and
F.C.A.No.452 of 2018.
2. The case of the petitioner is that the marriage of the
petitioner and the respondent was performed on 25.08.2010
and the respondent here in filed F.C.O.P.No.84 of 2014 before
the Family Court, Guntur seeking divorce under Section
13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955. The petitioner
filed F.C.O.P.No.186 of 2014 on the file of Family Court,
Guntur against the respondent herein seeking restitution of
conjugal rights under Section 9 of the Hindu Marriage Act,
1955. Both the cases were tried together and common
judgment was passed on 30.07.2018 dismissing the petition
filed by the respondent and allowed the petition seeking
restitution of conjugal rights . Aggrieved by the said two
orders, the respondent herein filed F.C.A.No.455 of 2018
against the order refusing to grant divorce and another appeal
F.C.A.No.452 of 2018 against the order granting restitution of
conjugal rights. There is no interim direction in the said
appeals. As there is no restitution of conjugal rights,
petitioner filed F.C.O.P.No.370 of 2020 seeking divorce under
section 13 (1A)(ii) of the Hindu Marriage Act, 1955 and the
same is pending consideration. The petitioner filed an
application seeking expedite hearing of the case and the
respondent filed counter to the same contending that the
matter cannot be expedite as appeals are pending . In order
to avoid conflict of decisions, the petitioner filed present
Transfer Civil Miscellaneous Petition seeking transfer of
F.C.O.P.370 of 2020 on the file of Family Court, Guntur to
this Court and to dispose of the same along with
F.C.O.P.No.455 of 2018 and F.C.O.P.No.452 of 2018.
3. Heard the learned counsel for the petitioner Mr.
Venkateswarlu Posani and learned counsel for the respondent
Mr. Koneti Raja Reddy.
4. After arguing the matter for some time, both the counsel
agreed for disposal of F.C.O.P.No.370 of 2020, which is
pending on the file of Family Court, Guntur, pending appeals
before this Court.
5. Learned counsel for the respondent Sri Raja Reddy
Koneti submits that he does not have any objection for
disposal of F.C.O.P.No.370 of 2020. After the orders passed
in F.C.O.P.No.370 of 2020, the respondent would withdraw
the appeals which are pending before this Court.
6. In view of the facts and circumstances of the case,
Judge, Family Court, Guntur is directed to dispose of
F.C.O.P.No.370 of 2020 notwithstanding pending two
appeals, as expeditiously as possible, within a period of four
weeks from the date of receipt of copy of this order.
7. The Transfer Civil Miscellaneous Petition is disposed of
accordingly. No order as to costs. As a sequel thereto, the
miscellaneous petitions, if any, pending in this Transfer Civil
Miscellaneous Petition shall stand closed.
_________________________________
KONGARA VIJAYA LAKSHMI, J
Date: 15.03.2022
Issue CC by 22.03.2022
(B/o)
Rmn
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Tr.C.M.P. No.48 of 2022
Date: 15.03.2022
Rmn
