THE HON’BLE Dr. JUSTICE SHAMEEM AKTHER
TR.C.M.P.No.11 of 2020
ORDER:
This Transfer Civil Miscellaneous Petition, under Section 24
of the Code of Civil Procedure, 1908, is filed by the
petitioner/husband, requesting to withdraw FCOP No.523 of
2019 from the Additional Family Court, City Civil Court,
Hyderabad, and transfer the same to the Family Court,
Secunderabad, for trial and disposal along with FCOP No.231 of
2019 and GWOP No.10 of 2019, in accordance with law.
2. Heard learned counsel for the petitioner/husband and
Smt.Shireesha Damaraju, the respondent who appeared as
party-in-person and perused the record.
3. There is no dispute with regard to the pendency of FCOP
No.231 of 2019 filed by the petitioner/husband under Section
13(1)(ia) and (iii) read with Section 26 of the Hindu Marriage
Act, before the Family Court, Secunderabad. There is also no
dispute with regard to pendency of GWOP No.10 of 2019 filed by
the respondent/wife under Sections 7,10 and 25 of the
Guardians and Wards Act, 1890 before the Family Court,
Secunderabad. The subject Tr.CMP is filed to withdraw FCOP
No.523 of 2019 filed by the respondent/wife under Section 9 of
the Hindu Marriage Act, 1955 and Rules for restitution of
conjugal rights before the Additional Family Court, City Civil
Court, Hyderabad and transfer the same to the Family Court,
Secunderabad in which Court, FCOP No.231 of 2019 and GWOP
2 Dr.SA, J
Tr. CMP.No 11/2020
No.10 of 2019 are pending. The issues required to be decided in
all the FCOPs are similar. Therefore all the matters are to be
tried and disposed of by one Court to avoid multiplicity of
proceedings and conflicting decisions. Moreover, during the
course of submissions, the respondent/wife submitted that she
has no objection to grant relief as prayed for.
4. Under these circumstances, since it is a matrimonial
dispute and in view of no objection by the respondent/wife to
grant relief as prayed for, it is just to allow the Transfer Civil
Miscellaneous Petition.
5. Accordingly, the Transfer Civil Miscellaneous Petition is
allowed and FCOP No.523 of 2019 is withdrawn from the file of
the Additional Family Court, City Civil Court, Hyderabad, and
transferred to the file of the Family Court, Secunderabad, for
trial and disposal, in accordance with law. Since the
respondent/wife made a submission that the petitioner/husband
is dragging the proceedings, the Court below is directed to
dispose of all the subject petitions FCOP No.523 of 2019, FCOP
No.231 of 2019 and GWOP No.10 of 2019, expeditiously.
Miscellaneous petitions, if any, shall stand closed. No
costs.
_
Dr. SHAMEEM AKTHER, J
11th February, 2020
vvr