MAMTA GUPTA Vs. MUKUND KUMAR GUPTA

JUDGEMENT

(1.) Both these Tr.C.M.Ps. can be disposed of by a common judgment.

(2.) The petitioner is the wife, who filed both the petitions. She filed Tr.C.M.P. No. 216 of 1999 to transfer O.S. No. 39 of 1998 pending on the file of Family Court, City Civil Court, Hyderabad, to the file of Family Court, Indore and Tr.C.M.P. No. 217 of 1999 is filed to transfer O.P. No. 201 of 1998 pending on the file of Family Court, City Civil Courts, Hyderabad to the file of Family Court, Indore. The respondent-husband filed O.P. No. 201 of 1998 for divorce and the suit O.S. No. 39 of 1998 for permanent injunction. Both the matters are pending on the file of Family Court, Hyderabad.

(3.) Though the facts leading to the marriage between the petitioner and the respondent was narrated at length, they are not necessary for the purpose of deciding the issue involved in these cases. As far as these petitions are concerned, the petitioner states that the marriage was solemnized between the petitioner and the respondent in the year 1996, O.P. was filed by the respondent-husband seeking divorce. It is for her case that she also filed a criminal case against the respondent and his family members which is pending in C.C. No. 213 of 1998 on the file of Judicial First Class Magistrate, Indore. Similarly, C.C. No. 13 of 1998 is also pending on the file of the said Court. It is also her case that her two brothers and her parents are residing separately and she is being looked after by her aged parents and it would not be convenient to her to attend the Court at Hyderabad. That on a previous occasion when the petitioner attended the Court at Hyderabad, she was threatened with dire consequences by the respondent and some unsocial elements at the instance of the respondent, and therefore both the matters be transferred to the file of Family Court, at Indore in the interest of parties.