Smt. Shamsunnisa , Samina v. Khasim Shareef
HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CIVIL MISCELLANEOUS PETITION No.194 of 2016 ORDER:
This petition is filed to withdraw F.O.P.No.189 of 2015 from the file of Family court (III Additional 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 after marriage, they lived at Saudi Arabia for sometime and thereafter at Kazipet for sometime. She stated that she was ill-treated and due to illtreatment she was forced to stay at her parents' house at Hyderabad and respondent filed F.O.P No.189 of 2015 before Family Court, Warangal and it is difficult for her to travel all the way from Hyderabad to Warangal. She also stated that she is apprehending danger to her life at Warangal and for these reasons, she prayed for transfer of OP No.189 of 2015 from Warangal to Hyderabad.
3. Respondent has not filed any counter.
4. Heard both sides.
5. Advocate for petitioner reiterated the affidavit averments of petitioner and contended by considering the convenience of wife, O.P may be transferred.
6. Advocate for respondent submitted all the allegations with regard to ill-treatment and harassment are not true and correct and the transfer of OP may be considered only after reconciliation and filing of the counter. She further stated if
transfer is ordered proceedings of reconciliation may be delayed for the reason that record may not reach the Family Court, Hyderabad quickly.
7. Considering the submission of both sides and also considering the ages of parties and also considering the convenience of wife, F.O.P.No.189 of 2015 is withdrawn from the file of Family court (III Additional District Judge), Warangal and transferred to Family Court, City Civil court, Hyderabad for disposal in accordance with law. Family Court, Warangal shall transmit the record, as expeditiously as possible, preferably, within fifteen (15) days from the date of receipt of a copy of this order.
8. Accordingly, this Transfer Civil Miscellaneous Petition is ordered. No costs. As a sequel, miscellaneous petitions, if any filed in this civil miscellaneous petition, shall stand closed. __________________ S. RAVI KUMAR, J Date: 11-04-2016 Note : C.C. tomorrow b/o gvl