Telangana High Court
TRCMP/688/2015 of Zohra Tabassum Vs Mohammed Shakeel on 31 December 2015
A.RAJASHEKER REDDY Tr.CMP.No.688 OF 2015 ORDER : This transfer petition is filed to transfer OP No.157 of 2015 for restitution of conjugal rights on the file of Family Court, Hyderabad to the Additional Family Court, Hyderabad to be tried along with O.P.No.902 of 2015 filed by the
HON’BLE SRI JUSTICE A.RAJASHEKER REDDY
Tr.CMP.No.688 OF 2015
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ORDER :
This transfer petition is filed to transfer OP No.157 of 2015 forrestitution of conjugal rights on the file of Family Court, Hyderabad tothe Additional Family Court, Hyderabad to be tried along withO.P.No.902 of 2015 filed by the petitioner/wife for custody of child onthe file of the Judge, Family Court, City Civil Court, Hyderabad and OPNo.356 of 2015 filed by the petitioner/wife for divorce on the file of Addl.Family Court, City Civil Court, Hyderabad.
It is the case of the petitioner that the respondent filedO.P.No.157 of 2015 for restitution of conjugal rights before the FamilyCourt, Hyderabad, which is at trial stage and O.P.No.902 of 2015 forcustody of child before the Additional Family Court, Hyderabad. Now,the petitioner has filed O.P.No.356 on the file of Addl.Family Court,Hyderabad seeking divorce against the respondent. That in order toavoid conflicting judgments, O.P.No.157 of 2015, pending on the file ofFamily Court, Hyderabad, is to be transferred to the Addl. Family Court,Hyderabad to be tried along with O.P.Nos.356 of 2015 and 902 of 2015pending on the file of the Addl.Family Court, Hyderabad.
Though notice is ordered and served on the respondent, there isno appearance and no counter affidavit is filed by the respondentopposing the petition.
Heard learned counsel for the petitioner.
Since the averments made in the affidavit are not rebutted andthere is no opposition from the respondent and in view of the facts andcircumstances referred above, I am of the opinion that OP No.157 of2015 filed by the respondent for restitution of conjugal rights before the Family Court, Hyderabad, is liable to be transferred to the Court ofAddl. Family Court, Hyderabad to be tried along with O.P.Nos.356 of2015 and 902 of 2015.
Accordingly, the Tr.CMP is allowed. No costs. As a sequelthereto, miscellaneous petitions, if any, pending shall stand closed.
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A.RAJASHEKER REDDY, J31.12.2015kvs
HON’BLE SRI JUSTICE A.RAJASHEKER REDDY
kvs
Tr.CMP.No.688 OF 2015
Date: 31.12.2015