S Bindu Priya v. S Chandrasekhar Reddy

THE HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN TRANSFER CIVIL MISCELLANEOUS PETITION No.581 OF 2018 ORDER:

Heard.

2.

The petitioner/wife seeks transfer of F.C.O.P.No.1001 of 2018 from the Court of the XIV Additional District Judge-cum-Additional Family Court, Vijayawada, to the Court of the Additional Family Court Judge, Hyderabad, where F.C.O.P.No.305 of 2018, which is filed by the petitioner/wife seeking restitution of conjugal rights. The O.P.No.1001 of 2018 was filed by the respondent/husband for dissolution of marriage.

3.

The plea of the petitioner/wife is that she filed three cases - F.C.O.P.No.305 of 2018 seeking restitution of conjugal rights, D.V.C.No.6 of 2018 seeking different reliefs under Protection of Women from Domestic Violence Act, 2005 and M.C.No.56 of 2018 seeking maintenance, in Hyderabad as she is living in Hyderabad. Her further plea is that the respondent/husband filed the F.C.O.P.No.1001 of 2018 in Vijayawada after receiving notice in the application filed by the petitioner/wife, as a counter blast. 4.

On the totality of the facts and circumstances of the case and also considering the fact that three cases are pending in Hyderabad, it is proper for this Court to transfer F.C.O.P.No.1001 of 2018 from the Court of the XIV Additional District Judge-cum-Additional Family Court, Vijayawada, to the Court of the Additional Family Court Judge, Hyderabad.

5.

In the result, this Transfer Civil Miscellaneous Petition is allowed transferring F.C.O.P.No.1001 of 2018 from the Court of the

XIV Additional District Judge-cum-Additional Family Court, Vijayawada, to the Court of the Additional Family Court Judge, Hyderabad.

Miscellaneous petitions, pending if any, shall stand closed. __________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ 31.12.2018 pln