Smt. B. Sarita v. B.V.S. Prakash Rao

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO Tr.CMP.No.499 of 2018 O R D E R:

This Tr.CMP. is filed seeking transfer of F.C.O.P.No.797 of 2017 pending on the file of the Judge, Family Court, Ranga Reddy District at L.B.Nagar to the Court of Judge, Family Court, Secunderabad to be tried along with F.C.O.P.No.376 of 2017 pending on the file of the latter Court.

2.

It is not in dispute that the respondent filed FCOP.No.797 of 2017 before the Family Court, Ranga Reddy District at L.B.Nagar, while the petitioner filed FCOP.No.376 of 2017 before the Family Court, Secunderabad also seeking divorce. Therefore, both the cases are required to be heard by a single Court to avoid conflicting decisions. 3.

According to the petitioner, she is having an infant child and is staying in Tarnaka, and so the Family Court at Secunderabad will be more convenient to her rather than the Family Court, Ranga Reddy District at L.B.Nagar, which is farther away.

4.

Counter affidavit has been filed by the respondent/party-in-person opposing transfer, but he has

not appeared before the Court though his name is printed in the cause list.

Only opposition to this application by the respondent is that the L.B.Nagar Court is only 10 Kms. away from the house of the petitioner and that the distance is not much. 6.

Having regard to the fact that petitioner has an infant child, who may require petitioner's attention, and since Family Court at Secunderabad is closer to the residence of the petitioner, this Tr.CMP. is allowed, and FCOP.No.797 of 2017 pending on the file of the Judge, Family Court, Ranga Reddy District at L.B.Nagar is transferred to the file of Judge, Family Court, Secunderabad to be tried along with FCOP.No.376 of 2017 pending on the file of the latter Court. No order as to costs.

7.

Consequently, miscellaneous petitions pending if any, shall stand closed.

____________________________ M.S. RAMACHANDRA RAO, J 10th July, 2019.

gra