THE HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CMP.No.538 of 2013 Date:17.03.2015 Between:
P. Manasa ... Petitioner.
AND P. Ravi Chandra ...Respondent.
The Court made the following:
THE HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CMP.No.538 of 2013 ORDER:
This petition is filed to transfer O.P.No.41/2012 from Senior Civil Judge, Jangaon, Warangal District to Family Court, Ranga Reddy District to be tried along with cases pending before the Family Court, Ranga Reddy District between the same parties.
2. Wife filed this application and according to her affidavit, her marriage was performed on 26-05-2002 and due to differences, she is living at her parents’ house in Hyderabad. She contended that husband filed O.P.No.41/2012 before Senior Civil Judge, Jangaon for dissolution of marriage, whereas she filed O.P.No.1194/2013 before Family Court, Ranga Reddy for restitution of conjugal rights. She contended that it is difficult for her to travel all the way from Hyderabad to Jangaon leaving her child for the purpose of defending O.P.No.41/2012. She contended that she has already filed O.P for transfer of maintenance case from Jangaon to Family Court, Ranga Reddy and for these reasons, she prayed for transfer of O.P.No.41/2012 from Senior Civil Judge, Jangaon, Warangal to Family Court, Ranga Reddy District.
3. Respondent has not filed any counter.
4. Heard both sides.
5. Advocate for petitioner submitted that the maintenance case filed by wife is already transferred from Judicial Magistrate of First Class, Jangaon to Family Court, Ranga Reddy by this Court as per orders, dated 18-02-2015, in Tr.Crl.P.No.237/2013. He further submitted that even the Guardian O.P filed by respondent herein at Warangal is also transferred to Family Court, Ranga Reddy by this Court as per orders, dated 22-04-2014, in Tr.CMP.No.160/2014, therefore, this case should also be transferred to Family Court, Ranga Reddy so that all the cases can be disposed of by one Court, to avoid conflicting decisions.
6. Other side Advocate submitted that all the cases were already transferred to Ranga Reddy Court and that he would leave the matter to the discretion of the Court.
7. Now the point that would arise for my consideration in this petition is whether request of the petitioner for transfer of O.P.No.41/2012 from Senior Civil Judge, Jangaon, Warangal District to Family Court, Ranga Reddy District can be considered?
8. Point:- Admittedly, the maintenance case and Guardian O.P were already transferred to Family Court, Ranga Reddy, where the restitution petition filed by wife is pending. As rightly pointed out by Advocate for petitioner, to avoid conflicting decisions, all the cases have to be tried by one Court, therefore, considering the reasons stated in the affidavit and also considering the convenience of the wife, O.P.No.41/2012 is withdrawn from Senior Civil Judge, Jangaon, Warangal District and transferred to Family Court, Ranga Reddy District to be tried along with O.P.No.1194/2013 and the other transferred cases, pending before it.
9. Petition is ordered accordingly. No costs.
JUSTICE S. RAVI KUMAR
Date:17.03.2014 mrb