PHATKE AVINASH Vs. PHATKE HIMAJA

JUDGEMENT

(1.) This Transfer Civil Miscellaneous Petition, under Section 24 of the Code of Civil Procedure, 1908, is filed by the petitioner/husband, requesting to withdraw FCOP No.510 of 2019 from the Family Court, Ranga Reddy District at L.B.Nagar, and transfer the same to the Additional Family Court, City Civil Court, Hyderabad, for trial and disposal along with FCOP No.1000 of 2019, in accordance with law.

(2.) Heard the learned counsel for both the sides and perused the record.

(3.) The learned counsel for the petitioner/husband would contend that the marriage between the petitioner/husband and the respondent/wife took place on 20.06.2018 at Miryalguda. The couple lived happily for one month only. Soon thereafter, the respondent/wife has voluntarily left the company of the petitioner/husband levelling weird allegations against the petitioner/husband and his parents. Vexed with the attitude of the respondent/wife, the petitioner/husband filed FCOP No.1000 of 2019 before the Family Court, City Civil Court, Hyderabad, seeking divorce. As a counter blast, the respondent/wife filed the subject FCOP No.510 of 2019 before the Family Court, Ranga Reddy District at L.B.Nagar, seeking restitution of conjugal rights. In fact, when the respondent/wife tried to gain entry into the house owned by the mother of the petitioner/husband in order to harass them, the mother of the petitioner/husband filed O.S.No.1016 of 2019 before the VII Junior Civil Judge, Hyderabad, wherein, ad-interim injunction has been granted against the respondent/wife. The distance between the residence of the petitioner/husband and Family Court, Ranga Reddy District at L.B.Nagar is about 25 kilometres and it will be inconvenient for him to undertake the said travel, which takes about two hours during busy office hours. The parents of the petitioner/husband are senior citizens suffering from age old ailments. Since both the subject FCOPs arise out of the same marital dispute, it will be in the interest of justice to withdraw subject FCOP No.510 of 2019 filed by the respondent/wife and transfer the same to the Additional Family Court, City Civil Court, Hyderabad, for clubbing and trial along with FCOP No.1000 of 2019 filed by the petitioner/husband and ultimately prayed to allow the Transfer Civil Miscellaneous Petition as prayed for.