A. Eijaz Ali Khan v. Arshiya Begum

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY Tr.CMP.No.14 of 2016 O R D E R :

This Transfer CMP is filed by the petitioner/husband against the respondent/wife, for transfer of FCOP.No.300 of 2014, which is filed by the husband for restitution of conjugal rights, pending on the file of the Additional Family Court, Hyderabad to the Family Court at Secunderabad to try along with MC.No.38/2014 which is filed by the wife against the petitioner/husband, for maintenance, pending on the file of the Family Court, Secunderabad. Though notice is served, no counter affidavit is filed by the respondent and there is no opposition from the respondent. Learned counsel for the petitioner submits that to avoid conflicting decisions and to save the valuable time of both the Courts and parties, it is just and necessary to transfer OP.No.300 of 2014.

Since, the evidence and parties in both the cases i.e., FCOP.No.300/2014 and MC.No.38/2014 is common and the issues in both the cases arise out of the same matrimonial proceedings, to avoid conflicting decisions, I feel it appropriate to transfer FCOP.No.300/2014, pending on the file of the Additional Family Court, Hyderabad to the Family Court at Secunderabad. Further it would be convenient for both the parties to attend the proceedings in one Court instead of two Courts.

Accordingly, the Tr.CMP is allowed and FCOP.No.300/2014, pending on the file of the Additional Family Court, City civil Court, Hyderbad is transferred to the Family Court at Secunderabad to be

tried along with MC.No.38 of 2014. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the transfer petition, shall stand closed. ____________________________ A.RAJASHEKER REDDY, J 09.02.2016 t k.