G.DEEPTHISRI Vs. B.RAGHUSREE

JUDGEMENT

(1.) Petitioners have filed this petition under Sec. 24 of the Code of Civil Procedure seeking withdrawal of G.W.O.P.No.2767 of 2018 pending on the file of Judge, Family Court, Ranga Reddy District at L.B.Nagar and transfer the same to the Additional Family Court, Kukatpally at Miyapur, Ranga Reddy District.

(2.) It is averred in the affidavit filed in support of the petition that the 1st petitioner has filed FCOP.No.2785 of 2017 before the Additional Family Court, Kukatpally at Miyapur and it is pending trial. Later, to harass the 1st petitioner and her minor children, who are residing at Puppalaguda, the respondent has filed G.W.O.P.No. 2767 of 2018 before the Judge, Family Court, Ranga Reddy District at L.B.Nagar, seeking the permanent custody of Master Sourya Teja, who was born to the 1st petitioner and the respondent. Practically it has become very difficult for the petitioners to travel from Puppalaguda to L.B.Nagar to attend the proceedings in G.W.O.P.No.2767 of 2018. It is convenient for the 1st petitioner, who is an I.T. Professional, to attend the Court at Miyapur for both the cases. Accordingly, requested to transfer G.W.O.P.No.2767 of 2018 (Registered as FCOP.No.2767 of 2018 in e-courts) to the Additional Family Court, Kukatpally at Miyapur.

(3.) This application is resisted by the respondent, who has filed a detailed counter stating that G.W.O.P.No.2767 of 2018 pending on the file of Family Court, Ranga Reddy District at L.B.Nagar cannot be transferred to any other Court in view of Sec. 9 of the Guardians and Wards Act, 1890. The contents of the affidavit filed by the GPA Holder of 1st petitioner are not correct, in fact, the respondent has initially instituted G.W.O.P.No.2767 of 2018 before the Family Court, Ranga Reddy District at L.B.Nagar seeking custody of his son Master Sourya Teja, and as a counter-blast to it, the 1st petitioner has filed FCOP.No.2785 of 2017 at Miyapur Court. Various other allegations are also levelled, which are not relevant for the purpose of consideration of this petition.