Telangana High Court
TRCMP/701/2015 of Anubha Mathew Vs M.Ashish Mathew Mohan on 31 December 2015
A.RAJASHEKER REDDY Tr.CMP.No.701 OF 2015 ORDER : This transfer petition is filed to withdraw OS No.1218 of 2015 instituted by the respondent/husband on the file of Judge, Family Court, Ranga Reddy District for grant of divorce, to transfer the same to the Court of Judge, Family Court, at
HON’BLE SRI JUSTICE A.RAJASHEKER REDDY
Tr.CMP.No.701 OF 2015
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ORDER :
This transfer petition is filed to withdraw OS No.1218 of 2015instituted by the respondent/husband on the file of Judge, Family Court,Ranga Reddy District for grant of divorce, to transfer the same to theCourt of Judge, Family Court, at Secunderabad to be tried along withO.P.No.732 of 2015 filed by the petitioner/wife for restitution of conjugalrights.
2. It is the case of the petitioner that both OPs have to be triedtogether to avoid conflicting judgments, as such, the present Transferpetition is filed.
3. Though notice is ordered and served on the respondent, there is noappearance and no counter affidavit is filed by the respondent opposingthe petition.
4. Heard learned counsel for the petitioner.
5. Since OP filed by the petitioner/wife is for restitution of conjugalrights and OP filed by the respondent for grant of divorce, both have tobe tried together in order to avoid conflicting of judgments. Moreover,both the petitions have been instituted nearer to Hyderabad City, therewill not be any inconvenience to both parties, if one OP is transferred tothe other Court. Moreso, the Hon’ble Supreme Court in Sumita Sing v.
Kumar Sanjay and another[[1]]held that in transfer of matrimonialproceedings initiated by the husband against wife, it is the convenienceof wife that has to be looked at.
In view of the facts and circumstances, the Tr.CMP is allowed andOS No.1218 of 2015 on the file of the Judge, Family Court, Ranga ReddyDistrict, is transferred to the Court of Judge, Family Court,Secunderabad to be tried along with O.P.No.732 of 2015. No costs. As asequel thereto, miscellaneous petitions, if any, pending shall standclosed.
____________________________
A.RAJASHEKER REDDY, J
31.12.2015kvs
HON’BLE SRI JUSTICE A.RAJASHEKER REDDY
Tr.CMP.No.701 OF 2015
Date: 31.12.2015
kvs
[1]AIR 2002 SUPREME COURT 396