IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY THIS THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE S.RAVI KUMAR TR.C.M.P. No.281 of 2013 Between: D.Padma . PETITIONER And Daram Naveen Guptha . RESPONDENT The Court made the following:
THE HON’BLE SRI JUSTICE S.RAVI KUMAR TR.C.M.P No.281 of 2013
ORDER:
This petition is filed to withdraw marriage O.P.No.49 of 2013 from Senior Civil Judge, Siddipet, Medak District and transfer the same to Family Court, Ranga Reddy District at L.B.Nagar to be tried along with O.P.No.537 of 2013.
Wife is the petitioner. She filed her affidavit, according to which, their marriage was performed on 06.08.2009 at Chinthal, Quthbullapur Mandal, Ranga Reddy District and due to harassment, she left marital home and filed O.P.No.537 of 2013 for divorce and also filed DVC before the VI Metropolitan Magistrate, Medchal and husband is attending for both the cases. She further stated that it is difficult for her to attend Siddipet from Ranga Reddy since she has no male assistance, considering the same she sought transfer of M.O.P.No.49 of 2013 from Senior Civil Judge, Siddipet.
Respondent has not filed any counter disputing the affidavit averments of the petitioner.
Heard arguments.
Advocate for petitioner submitted that wife filed divorce O.P on the ground of cruelty and husband filed divorce O.P on the ground of desertion and both the matters have to be tried by one Court to avoid conflicting decisions. It is submitted that since husband is already attending for DVC pending before Medchal Court, there may not be any difficulty if the O.P pending in Siddipet Court is transferred to Ranga Reddy.
Considering the affidavit averments of petitioner which remained unchallenged and also the fact that both parties filed divorce O.Ps and both these matters have to be tried by one Court to avoid conflicting decisions, M.O.P.No.49 of 2013 is withdrawn from Senior Civil Judge, Siddipet, Medak District and transferred to Family Court, Ranga Reddy District at L.B.Nagar for disposal in accordance with law.
The Transfer Civil Miscellaneous Petition is accordingly allowed. No order as to costs.
Pending miscellaneous applications, if any, shall stand closed in consequence.
S.RAVI KUMAR,J Date: 23.12.2014 Dsr