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Judgments of Supreme Court of India and High Courts

Srikanth Tadikonda vs Shireesha Damaraju on 11 February, 2020

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allowed and FCOP No.523 of 2019 is withdrawn from the file of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
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