Nikhat Fatima v. Syed Razi Ahmed

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO Tr.C.M.P.Nos.758 and 760 of 2018 COMMON ORDER :

Tr.C.M.P.No.758 of 2018 :

Heard both sides.

2.

This Transfer C.M.P. is filed to transfer O.P.No.18 of 2018 on the file of the Family Court, City Civil Court, Hyderabad to the Court of the Additional Family Court, Hyderabad for joint trial with O.P.No.611 of 2018.

3.

In O.P.No.18 of 2018, the respondent is seeking restitution of conjugal rights against the petitioner; and in O.P.No.611 of 2018, the petitioner is seeking dissolution of the marriage between the parties under Section 2 of the Muslim Dissolution Marriage Act, 2016. 4.

Since the O.P.s are between the same parties and the issues in both the O.P.s are inextricably connected, it is desirable to have joint trial of both the O.P.s.

5.

Therefore, the O.P.No.18 of 2018 on the file of the Family Court, City Civil Court, Hyderabad to the Court of the Additional Family Court, Hyderabad is transferred to the Court of the Additional Family Court, Hyderabad for joint trial with O.P.No.611 of 2018. 6.

Accordingly, Tr.C.M.P.No.758 of 2018 is allowed. No order as to costs.

MSR,J trcmp_758&760_2018 ::2::

Tr.C.M.P.No.760 of 2018 :

7.

This Transfer C.M.P. is filed to transfer O.P.No.556 of 2018 on the file of Family Court, City Civil Court, at Hyderabad for joint trial with O.P.No.1060 of 2017.

8.

Since in both the O.P.s custody of the same children is being sought by petitioner and respondent to the exclusion of the other party, it is desirable that the cases are heard together. 9.

Therefore, this Tr. C.M.P. is also allowed and O.P.No.556 of 2018 on the file of the Family Court, Hyderabad is transferred to the Court of the Additional Family Court, Hyderabad for joint trial with O.P.No.1060 of 2017. No order as to costs.

10.

As a sequel, miscellaneous petitions pending if any in these Tr.CMP.s, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 27.03.2019 Ndr/*