Kalvakuntla Ravi Kumar v. Badakala Mallika

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO Tr.CMP.No.121 of 2019 O R D E R:

This Tr.CMP. is filed seeking transfer of FCOP.No.198 of 2019 from the Family Court, Secunderabad to the Family Court, Hyderabad to try along with O.P.No.629 of 2019 pending on the file of the latter Court.

2.

Petitioner is the husband of the respondent and he had filed O.P.No.629 of 2019 on the file of the Family Court, Hyderabad against the respondent seeking divorce.

3.

Prior thereto, respondent had filed FCOP.No.198 of 2019 before the Family Court, Secunderabad seeking Restitution of Conjugal Rights.

4.

It is the contention of the petitioner that both the matters required to be heard together to avoid conflicting judgments and transfer of O.P.No.198 of 2019 is sought from the Family Court, Secunderabad to the Family Court, Hyderabad.

5.

Elaborate counter affidavit had been filed by the respondent opposing this application, but the counsel for the respondent does not deny that both these matters required to be heard together to avoid conflicting judgments.

6.

Since it is the contention of the respondent that she is residing in Tirumalagiri in Secunderabad, if the O.P.No.198 of

2019 filed by her is transferred to the Family Court at Hyderabad, no prejudice would be caused to her.

7.

Therefore, this Tr.CMP. is allowed and the O.P.No.198 of 2019 is transferred from the file of Family Court, Secunderabad to the file of Family Court, Hyderabad to be tried along with O.P.No.629 of 2019 pending on the file of the latter Court. No order as to costs.

8.

Consequently, miscellaneous petitions pending if any shall stand closed.

____________________________ M.S. RAMACHANDRA RAO, J 21st August, 2019.

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