Smt. M Navaneeta, Hyd v. M. Anil Kumar Goud, R.R.Dist

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY TR.CIVIL MISCELLANEOUS PETITION NO.873 OF 2016 ORDER:

This Transfer Civil Miscellaneous Petition, under Section 24 of Code of Civil Procedure 1908, is filed to withdraw O.P.No.1326 of 2015 pending on the file of Judge, Additional Family Court, Malkajgiri, Ranga Reddy District and transfer the same to the file of Additional Metropolitan Sessions Judge, for the trial of Jubilee Hills Car Bomb Blast Case-cumAdditional Family Court, Hyderabad to try along with M.C.No.197 of 2015. During hearing, learned counsel for the respondent reported no objection for transfer, but objected for joint enquiry since maintenance case was disposed of and only miscellaneous petitions are pending for enforcement of the order. Miscellaneous petitions are pending for enforcement of order is governed by the Criminal Procedure Code and the Family Court Act is governed by the Code of Civil Procedure and the Rules framed under the Family Court Act. Therefore, question of clubbing both the matters does not arise.

In view of the above submission, the relief of clubbing both the matters is negated while withdrawing O.P.No.1326 of 2015 from the file of Additional Family Court, Malkajgiri, Ranga Reddy District and transferred to the file of Additional Metropolitan Sessions Judge for the trial of Jubilee Hills Car Bomb Blast Case-cum-Additional Family Court, Hyderabad to try and for disposal in accordance with law. No costs. Miscellaneous petitions, if any, pending in this petition shall stand closed.

_____________________________ M. SATYANARAYANA MURTHY, J 23.10.2018 kvrm