Telangana High Court
Mathi Sravanthi vs Baazaru Rajashekar on 27 January, 2023
Bench: Sambasivarao Naidu
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
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.
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
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
THE HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU
TRANSFER CIVIL MISCELLANEOUS PETITION NO.26 OF 2023
DATED 27.01.2023
YNK
