Smt. Shamsunnisa , Samina v. Khasim Shareef
HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.485 of 2016 ORDER:
This petition is filed to withdraw guardian O.P.No.342 of 2015 from the file of Family Court-cum-IIIAdditional District Judge, Warangal, and transfer the same to Family Court, City Civil Court, Hyderabad.
2. Wife filed this petition. According to her affidavit, her marriage with respondent was performed on 20.01.2006 at Hyderabad as per Muslim rites and custom and due to ill-treatment she is now living separately. She stated that respondent herein filed restitution of conjugal rights petition in F.O.P.No.189 of 2015 before Family Court-cumIII-Additional District Judge, Warangal, and on her application in Tr.C.M.P.No.194 of 2016, this Court transferred F.O.P.No.189 of 2015 from Warangal to Family Court, Hyderabad. She stated that now guardian O.P.No.342 of 2015 is filed before Family Court, Warangal, only to avoid legal consequences. She stated that she is a parada nasheen lady dependant on a male person to accompany her as she has life threat at Warangal in the hands of respondent and his parents, therefore, she prayed for transfer of guardian O.P.No.342 of 2015 from Warangal to Hyderabad.
3. Respondent in spite of granting time did not file any counter disputing the affidavit averments of petitioner.
4. I have perused the material papers including the earlier order dated 11.04.2016.
5. Considering the affidavit averments of petitioner and the fact that F.O.P.No.189 of 2015 filed for restitution of conjugal rights was already withdrawn from Warangal and transferred to Hyderabad, I deem it appropriate that the request of wife for transfer of guardian O.P.No.342 of 2015 also to Family Court, Hyderabad, is to be considered.
6. For these reasons, guardian O.P.No.342 of 2015 is withdrawn from Family Court-cum-III Additional District Judge, Warangal, and transferred to Family Court, City Civil Court, Hyderabad, for disposal in accordance with law.
7. Transfer C.M.P. is ordered accordingly.
8. Miscellaneous petitions pending, if any, shall stand closed.
__________________ S. RAVI KUMAR, J 23rd August 2016.
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