Samala Vanitha v. Samala Srinivasa Prasad

THE HON'BLE Dr.JUSTICE SHAMEEM AKTHER TRANSFER CIVIL MISCELLANEOUS PETITION No.152 of 2018 ORDER:

This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, by the petitioner-wife, seeking a direction to transfer M.C.No.402 of 2017 from the file of XV Additional District Judge-cum-Family Judge, Kukatpally to the Court of Family Judge, Secunderabad to try along with O.P.No.650 of 2017 on the file of the said Court. 2.

Heard the learned counsel for the petitioner-wife, the learned counsel for the respondent-husband and perused the record.

3.

It is evident from the record that O.P.No.650 of 2017 filed by the petitioner-wife for divorce under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 is pending on the file of Family Court at Secunderabad. There is no much contest with regard to transfer of M.C.No.402 of 2017 from the file of XV Additional District Judge-cum-Family Judge, Kukatpally to the Court of Family Judge, Secunderabad. The facts and circumstances and the issues involved in both the cases are similar and thus it is better to be resolved by one Court.

4.

Under these circumstances, the M.C.No.402 of 2017 pending on the file of XV Additional District Judge-cum-Family Judge, Kukatpally, is withdrawn and transferred to the Court of Family Judge, Secunderabad, to try and dispose of along with

O.P.No.650 of 2017 on the file of the said Court, in accordance with law.

7.

Accordingly, this Transfer Civil Miscellaneous Petition is allowed. Miscellaneous petitions, pending if any, shall stand closed. No costs.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dr .JUSTI CE SHAMEEM AKTHER Date: 03.09.2019 grk