THUPAKULA SUNITHA PATTI SUNITHA Vs. THUPAKULA LINGA MURTHY

JUDGEMENT

(1.) This Transfer Civil Miscellaneous Petition, under Section 24 of the Code of Civil Procedure, 1908, is filed by the petitioner/wife seeking to transfer O.P.No.61 of 2019 from the file of Senior Civil Judge, Huzurabad, to the file of Judge, Family Court, Mahabubnagar, for trial and disposal, along with F.O.P.No.64 of 2019 in accordance with law.

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

(3.) In the affidavit filed in support of the Transfer Civil Miscellaneous Petition, it is stated that the respondent/husband filed O.P.No.61 of 2019 on the file of Senior Civil Judge, Huzurabad, under Section 9 of the Hindu Marriage Act, 1955 (for short, 'the Act'), seeking restitution of conjugal rights and the same is pending, whereas the petitioner/wife filed F.O.P.No.64 of 2019 on the file of Judge, Family Court, Mahabubnagar, under Section 13 (1) (ia) and (ib) of the Act, seeking divorce and the same is also pending. Therefore, in order to avoid multiplicity of proceedings and conflict of decisions, both the O.Ps. are required to be tried by the same Court. Further, the petitioner/wife is residing at Mahabubnagar along with her minor children, who are aged about 14 years and 11 years, respectively, and she is working as Secondary Grade Teacher in Upper Primary School, Gundlapotlapally, M.P. Rajpur, Mahabubnagar District. Therefore, it is difficult for her to attend the Court at Huzurabad, where the subject O.P. is pending and which is more than 400 KMs. from her residence. Further, the parties lastly resided together at Mahabubnagar and they never lived within the jurisdiction of Huzurabad Court and, therefore, prayed to allow the Transfer Civil Miscellaneous Petition, as prayed for.