Fariha Mansoor, Wo. Syed Chand Patel v. Sved Chand Patel

Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to stay of the issuance of work order relating tom vacate the ad-interim stay order dated 25111t2024 and dismiss the Tr.C.M.P. No 493 of 2024 and to pass r lA NO: 1 OF 2024 Petition urrder Section '151 CPC praying that in the ci-cumstances stated in the affidavit filed in support of the petition, the High Court nay be pleased to stay of all further proceedings in F.C.O.P. No. 752 of 2024 pen jing on the file of the Court of the Addl. Family Court Judge Kalpataru Court, lniegrated Family Court complex at Hyderabad pending disposal of Main Tr. C.M.P, i:nd to pass. Counsel for the Petitioner: SRl. M MANJUSHA BHARIIWAJ Counsel forthe Respondent: SRI G DURGA CHARAN The Court made the following: ORDER HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY TRANSFER CIVIL MISCELLANEOUS PETITION No.493 of 2024 ORDER: This Transfer Civil Miscellaneous Petition is filed seeking to transfer FCOP.No.752 of 2024 pending on the file of the I Additional Famity Court, Kalpataru, Integrated Family Courls Complex, Hyderabad to the Principal Family Court, City Civil Courls, Secunderabad, to be tried along with FCOP.No.534 of 2024

2. Heard Ms. Manjusha Bhardwaj, learned counsel lor petitioner and Sri G.Durga Charan, leamed counsel for respondent.

3. The succinct facts of the case required for disposal of the present TTCMP, as averred in the affidavit, filed in support of the TrCMP., are that the petitioner and respondent are wife and husband; that their marriage was solemnized on 12.12.2021 at Hyderabad as per muslim rites and customs; that the petitioner joined the conjugal society olthe respondent at USA, however, the respondent used to harass her physically and also used to abuse her in vulgar language; that finally, she was rescued by her uncle and sent to India on 04.05.2023 and she started residing with her Ys \ 2 LNA, J ttcllP.No.l93 oI2024 parents at Warangal; that the petitioner lodged a cc rnplaint against the respondent and l-ris laniily rnerrbers, which wa: registered as a casc in (lrime No.95 ol 2021 for ttre offenccs prrn.ishable under Sections 498-4 and 506 IPC and Sections 3 ard 4 of Dowry Prohibition Act; that petitioner also filed FCOP.No 534 of 2024 on the file of Principal Family Court, City Civil Cour.. Secunderabad for dissolution of marriage,, whr:reas t'espondent filcd FCOP.N,r.'/52 of 2024 on the file of I Addi:ionrr lrarnily Cou(, Kalpatar,r, I{yderabad, lor restitution of conjugal rilrhts

4. In the aftidavit, filcd in support of the TrClX4P, the grounds raised b1, the petitioner lor transfer of FCOP.No,l'52 of 2024 are that she is pursuing her studies and is entirely dtpendent on her parents for her livelihood; that she is apprehentiirrg threat to her life in the hands of respondent's parents and his henr:b.men; that she rvas threatened to withdraw the criminal cascs I led against the respondent and his family members, as such, to r.ttend the Court proceedings in FCOP.No.752 of 2024 on each date of healing, she has to travel along with her old aged parents fiorn their place of residence at East Manedpally to the Court at Inlegrated Family I 3 LNA, J T.CMP.N0.493 oI2024 Courts Complex, Hyderabad, by availing public transport, which is very difficult and hence, she prayed to allow this TTCMP.

5. The respondent filed counter inter alia stating that the contention of the petitioner that she has threat to her life in the hands of the respondent and his henchmen, and also has difficulty in attending the Court proceedings at Hyderabad are false and lacks bona fide and prayed to dismiss the TTCMP.

6. Learned counsel for the petitioner, apart lrom reiterating the averments made in the affidavit, submitted that FCOP.No.534 of 2024 fled by the petitioner seeking divorce is pending before the Principal Family Court, City Civil Courts, Secunderabad, whereas FCOP.No.752 of 2024 filed by the respondent for restitution of conjugal rights is pending belore the I Additional Family Court, Kalpataru, Integrated Family Courls Complex, Hyderabad, therefore it is appropriate that both the matters be decided by the same Court to avoid conflicting decisions and prayed this Court to allow this TTCMP.

7. Leamed counsel for respondent submitted that initially, it waq the respondent who filed FCOP.No.752 of 2024 for restitution 4 LNA, J T|CMP.No.493 of2024 of conjugal rights before the I Additional Farnily Court, l1a1po1u.r, Integrated Family Courts Complex, Hyderabad , on 21.05.2024 and, thereafter, the petitioner filed FCOp.No.534 o1' 2024 seeking divolce before the Principal Family Court, .Se,:underabad,

01.10.2024 and thercfore, this TrCMp is nothin=r but abuse of process rtf law. Learned counsel further submittec rhat presently, petitioner is not staying in India and she already lef: ro USA and as such, this TrCMP filed by petitioner is devoid ol, merits and is iiable to be dismissed.

8. Perusal of record discloses that petition:rr as well as respondent are represented by their respective G ),\s before the F'amily (lourts. Further, in the light of the rnateri:rl produced by learned counsel for respondent, i.e., F-1 student Visr,r., showing that petitioner is presently residing in USA for prosecuting her studies, the grounds urged by petitioner i.e., her dependens on her.old age parents for her survival and their assistance to atte nd the Courl at Integrate,l Courts Complex, Hyderabad, her appreh,:nsion of tfu-eat to her lifr: in the hands of respondent and his hencl:nen, etc., does not merit any consideration. -!=ffixitrg;' .;t,/r' --a__,- =* - ./" - 5 LNA, J T.CMP,No.493 of2024

9. Nevertheless, the fact remains that FCOP.No.152 of 2024 filed by respondent lor restitution of conjugal rights and FCOP.No.534 of 2024 filed by petitioner for dissolution of marriage are pending befbre ditlerent Coufts. Since the issue/s involved in both the said FCOPs are interconnected and interdependent, to avoid conflict of decisions, it is appropriate that both the said FCOPs are tried and disposed of by the same Court.

10. Accordingly, this Tr.C.M.P. is allowed and FCOP.No.752 of 2024 on the file of the I Additional Family Court, Kalpataru Court, Integrated Family Courts Complex, Hyderabad is transferred to the Principal Family Court, City Civit Court, Secunderabad, to be tried along with FCOP.No.534 of 2024 and disposal in accordance with law. ll. The I Additional Family Couft, Kalpataru Court, Integrated Family Courts Complex, Hyderabad, shall transmit the entire original record in FCOP.No.752 of 2024, duly indexed, to the Principal Family Court, City Civil Court, Secunderabad, preferably within a period of one month from the date of receipt of a copy of this order. 6 LNA. J TtCiIP.No.lB of 2021 :il 'II

12. Pending miscellaneous applications, if anv, shall stand closed. T'here shall be no order as to costs. SD/. P.PONNA KIRSHNA .ASSISTANT REGISTRAR //TRUE COPY// 6- SECTION OFFICER To, 1 The IAdditional Famiry court Judge, Karpataru court rntegrated Famiry Cou rt Conplex at Hyderabad

2. The Principle Family Court at City Civil Court, Secunderabad 3. One CC to SRl. M MANJUSHA BHARDWAJ Advocate [OPUC] 4. One CC to SRt G DURGA CHARAN Advocate [OpUCl 5. Two CD Copres TPK/GR HIGH COURT DATED:2910712025 I ,,.. ., . . ll 5 55p 2p5 .,.',/ ORDER TRCMP.No.493 of 2024 TRANSFER CIVIL MISCELLANEOUS PETITION IS ALLOWED [t1 4\l 'rD q