Telangana High Court
Smt . Nooti Sravani vs Gauravaram Rajamani Manuraj Manuraj on 4 July, 2022
THE HON'BLE SRI JUSTICE A.VENKATESHWARA REDDY
TRANSFER CIVIL MISCELLANEOUS
PETITION No.128 OF 2021
ORDER:
Heard learned counsel on behalf of the petitioner. Notice sent to respondent served on his learned counsel before the trial Court. No representation on behalf of the respondent and hence, he is set ex-parte.
2. This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code (for short 'CPC') by the petitioner / wife against her husband / respondent herein seeking transfer of O.P.No.716 of 2021 pending on the file of the Judge, Family Court, City Civil Court, Hyderabad to the Judge, Family Court, Warangal for trial together with O.P.No.229 of 2018 pending on the file of that Court.
3. Perused the record. As stated above, despite service of notice on the learned counsel for the respondent before the trial Court there is no representation on behalf of the respondent.
AVR,J Tr.CMP_128_2021 2
4. As per the averments of the affidavit filed in support of this application, the petitioner has filed O.P.No.229 of 2018, which is pending on the file of the Judge, Family Court, Warangal.
5. It appears, the respondent herein has filed O.P.No.716 of 2021, which is pending on the file of the Judge, Family Court, City Civil Court, Hyderabad for restitution of conjugal rights. Whereas, the earlier O.P. filed on the file of the Judge, Family Court, Warangal is for dissolution of marriage on the ground of cruelty, harassment both physical and mental. Therefore, having regard to the scheme of Hindu Marriage Act and provisions of Section 24 of CPC and also considering the submissions made by the learned counsel for the petitioner that petitioner has two minor children, who are staying with her, taking into consideration of the convenience of the petitioner/wife and her two minor children, I deem it fit to consider the request of the petitioner to transfer of O.P.No.716 of 2021 pending on the file of the Judge, Family Court, City Civil Court, Hyderabad to the Judge, AVR,J Tr.CMP_128_2021 3 Family Court, Warangal for trial together with O.P.No.229 of 2018 pending on the file of that Court.
6. In the result, this transfer miscellaneous petition is allowed and accordingly O.P.No.716 of 2021 pending on the file of the Judge, Family Court, City Civil Court, Hyderabad is ordered to be withdrawn and transferred to the Judge, Family Court, Warangal for trial together with O.P.No.229 of 2018 pending on the file of that Court in accordance with law. Learned Judge, Family Court, City Civil Court, Hyderabad shall transmit the entire records duly indexed in O.P.No.716 of 2021 to the court of the Judge, Family Court, Warangal within one month from the date of receipt of copy of this order.
In the circumstances of the case, there shall be no order as to costs. Miscellaneous petitions, if any, pending, in this Transfer CMP, shall stand closed.
________________________________ A.VENKATESWHARA REDDY, J 04-07-2022 abb