Smt. Punna Amrutha , Adithya v. Sri. Punna Prakash

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Tr .C.M.P.No.1 8 7 of 2 0 1 9 ORDER:

This Transfer Civil Miscellaneous Petition, under Section 24 of the Code of Civil Procedure, 1908, is filed by the petitioner/ wife seeking to transfer O.P.No.43 of 2016 from the file of Senior Civil Judge, Bhongir, Yadadri Bhongir District, to the file of the Judge, Family Court, Ranga Reddy District at L.B.Nagar, for trial and disposal in accordance with law, along with O.P.No.2112 of 2016.

2.

Heard the learned counsel for the petitioner/ wife. In spite of service of notice, there is no representation on behalf of the respondent/ husband. Perused the record.

3.

Admittedly, F.C.O.P.No.43 of 2016 pending on the file of Senior Civil Judge, Bhongir, Yadadri Bhongir District, is filed by the respondent/ husband under Section 13(1)(i)(a) of the Hindu Marriage Act, 1955 (for short, 'the Act'), for divorce, on the ground of cruelty. Whereas the petitioner/ wife filed O.P.No.2112 of 2016 pending on the file of Judge, Family Court, Ranga Reddy District at L.B.Nagar, under Section 9 of the Act, for restitution of conjugal rights.

4.

In the affidavit filed in support of this Transfer Civil Miscellaneous Petition, it is stated that the petitioner/ wife is residing at Dilsukhnagar, Hyderabad, along with her minor daughter. It is stated that it is very difficult for her to travel along with her minor daughter from Dilsukhnagar, Hyderabad to

Bhongir, where subject O.P. is pending, which is more than 50 Kms. away from Dilsukhnagar, without any male assistance. It is further stated that the petitioner/ wife has no means to travel to Bhongir, where subject O.P., is pending on each and every date of hearing by leaving her minor daughter, and, therefore, prayed to transfer O.P.No.43 of 2016 from the file of Senior Civil Judge, Bhongir, Yadadri Bhongir District, to the file of Judge, Family Court, Ranga Reddy District at L.B.Nagar. 5.

Admittedly, the petitioner/ wife resides at Dilsikhnagar, Hyderabad, along with her minor daughter. The Senior Civil Court, Bhongir, Yadadri Bhongir District, where the subject OP is pending, is about 50 Kms., away from Dilsikhnagar. In the cases of this nature, the convenience of petitioner/ wife is of paramount consideration. The Family Court at Ranga Reddy District, is convenient to the petitioner/ wife. Therefore, the prayer sought for by the petitioner/ wife can be granted.

6.

Accordingly, the Transfer Civil Miscellaneous Petition is allowed and O.P.No.43 of 2016 is withdrawn from the file of Senior Civil Judge, Bhongir, Yadadri Bhongir District, and transferred to the file of Judge, Family Court, Ranga Reddy District at L.B.Nagar, for trial and disposal in accordance with law, along with O.P.No.2112 of 2016.

Miscellaneous petitions, if any, pending in this Transfer Civil Miscellaneous Petition shall stand closed. There shall be no order as to costs.

_____________________ Dr . SHAMEEM AKTHER, J 3 1 st Decem ber , 2 0 1 9 YVL

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Tr .C.M.P.No.1 8 7 of 2 0 1 9 Dat e:3 1 .1 2 .2 0 1 9 YVL