Dr.Syed Arfath Ahmed v. Amatulazeum Asma

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER TRANSFER CRIMINAL PETITION NO.37 OF 2018 ORDER:

This transfer criminal petition is filed by the petitioners under Section 407 Cr.P.C. to withdraw DVC No.268 of 2017 on the file of the IV Metropolitan Magistrate, Traffic Mobile Court, Nampally, Hyderabad and transfer the same to Judge, Family Court, City Civil Court, Hyderabad.

2.

Heard learned counsel for the petitioners and perused the record.

3.

Under the enactment, there is no compulsion for the petitioners (respondents in DVC) to appear in the DVC case on every date of hearing. The Court below shall not insist their appearance whenever the case is listed for hearing etc., In case, if there is a specific purpose for appearance of the petitioners, the Court below can do so. There are no merits to transfer the case as prayed for. 4.

With the above observation, the Transfer Criminal Petition is disposed of. Miscellaneous petitions, if any pending in this petition shall stand closed.

____________________________ DR.SHAMEEM AKTHER, J DATED: 14-02-2018.

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