Katumala Premchand v. Katumala Sabitha

HON'BLE Dr. JUSTICE SHAMEEM AKTHER TRANSFER CRIMINAL PETITION No.74 of 2017 ORDER :

When this case was posted on 06.10.2017, there was no representation for the petitioner. Today also there is no representation for the petitioner.

2.

This transfer criminal petition is filed to withdraw M.C.No.5 of 2017 from the file of the Additional Judicial First Class Magistrate, Markapur, and transfer the same to any Court in Guntur. 3.

The case of the petitioner is that respondent No.1 is his wife and their marriage was solemnized on 21.08.2018 as per Christian rites and customs. Thereafter disputes arose between the parties to the marriage. Consequently, respondent No.1 filed maintenance case as indicated above. It is also averred that there is F.C.O.P. pending before the Family Court, Guntur. The apprehension of the petitioner is that there would be conflicting of orders. 4.

The parameters to determine the subject matter in the maintenance case and FCOP are distinct. Certainly, there may not be any conflicting orders. The Court at Markapur has jurisdiction to try the maintenance case. Therefore, the petition is devoid of merits. 5.

Accordingly, the transfer criminal petition is dismissed. Miscellaneous petitions pending, if any, shall stand closed. _________________________ Dr. SHAMEEM AKTHER, J 27th October 2017.

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