Seelam Prameela, Usa v. Gata Mani Kumar, Hyderabad

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY Tr.C.M.P. No.831 of 2016 ORDER:

This petition is filed under Section 24 of C.P.C. seeking to withdraw F.C.O.P.No.1557 of 2013 from the file of the Family Court, City Civil Court, Hyderabad, and transfer the same to the file of the Family Court, Khammam.

2.

Heard the learned counsel for both parties and perused the material available on record.

3.

A perusal of the record reveals that the marriage of the petitioner was performed with the respondent on 15.02.2013, as per Hindu Rites and Caste Custom. Immediately after the marriage, the petitioner joined the respondent to lead marital life. For one reason or other, bad weather prevailed in the family life of the petitioner and respondent. While things stood thus, the petitioner filed F.C.O.P.No.892 of 2014 on the file of the Family Court, City Civil Court at Hyderabad, under Sections 13(1)(ia) and 25 of the Hindu Marriage Act, 1955, against the respondent for dissolution of marriage between them. The respondent herein filed F.C.O.P.No.1557 of 2013 on the file of the Family Court, City Civil Court, Hyderabad, against the petitioner herein under Section 9 of the Hindu Marriage Act for restitution of conjugal rights.

4.

Today, this Court dismissed Transfer C.M.P. No.838 of 2016 filed by the petitioner on the ground that inconvenience of the

father of the petitioner is not a valid ground to transfer the case from one Court to another Court.

5.

Having regard to the facts and circumstances of the case, I am of the considered view that there are no grounds much less valid grounds to withdraw F.C.O.P.No.1557 of 2013 from the file of the Family Court, City Civil Court, Hyderabad, and transfer the same to the file of the Family Court, Khammam.

6. Accordingly, the Transfer Civil Miscellaneous Petition is dismissed. There shall be no order as to costs. 7.

Consequently, Miscellaneous Petitions, if any, pending in this Transfer Civil Miscellaneous Petition shall stand closed. ________________________ T.SUNIL CHOWDARY, J Date: 07.06.2018 Ivd