The High Court · 2025

petition under section 151 cpc praying that in the circumstances stated in the affidavitfiled in suppori'"r'*rtl"plitil"'in" iigt' Court mav be pleased to stay "ot zozl before the I Additional all further proceedings i"'il;'';'6.0 P'f io 520 pending disposal of the Familv Court, Medchal, rtlt'irtligiil oi"irict at .Malkajgiri' ;:i;'i#"f;; dirir rvri'""rr"n"oIs Petition and be pleased' Counsel for the Petitioner: Sri P' V'rjaya Bhaskar Gounsel for the Respondent: None Appeared The Court made the following: ORDER *vy I HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY TRAN SFER CIVILMI SCELLANEOUS PETITION No. 549 of 2o24 ORDER Sri P.Vrjay Bhaskar, This Transfer Civil Miscellaneous petition is filed seeking to transfer FCOp.No.52O of 2023 pending on the file of the I Additional Family Court, Medcha_l Malkajgiri District at Malkajgiri to Principal Family court, city civfl court at KaJpatharu Buitding. 2. Heard learned counsel for the petitioner. There is no representation on behalf of respondent despite service of notice. Therefore, the matter is being disposed of basing on the material available on record. 3. The brief facts of the case, shorn_off unnecessary details, required for adjudication of this Tr.C.M.p., are that the petitioner and respondent are wife and husband and their marriage was performed on 11. L|.2OOZ at panjesha, Hyderabad as per Muslim rites a,d customs; that out of their wedlock they were blessed u.ith two children; that the respondent always used to quarrel with the petitioner on every issue and left the matrimoniat house and residing with her parents along with ch,dren. It is averred that the petitioner filed FCOp.No.S2O of 2023 before the I Addl.District ald Sessions Judge_cum_Addl.Family Court, Medchal Malkajgiri 2 District at Malkaj giri for dissolution of marriage and also filed GWOP.No.1179 of 2024 on the hle of Principal Family Court Judge, City Civil Court at Kalpatharu Building seeking to appoint him as guardian of the chiiclren' The respondent filed FCOP.No.137 4 of 2023 on the file of Principal Family Court' City CivilcourtatKalpatharuBuilding,seekingrestitutionofconjugal rights; that the two cases GWOP'No'1179 of 2.024 filed by the petitioner and the FCOP'No'1374 of 2O23 filed' by the respondent are pending at Principal Family Court' City Civil Court at Kalpatharu building; that it is convenient for both the parties if FCOP.No.52O of 2023 frled by the petitioner for dissoiution of marriage, be transferred from I Addl'District and Sessions Judge- cum-Addl.Family court to Principal Family Clourt' City Civil Court at Kalpatharu Building, to be tried along with FCOP'No'1374 of 2023 fi.ledby the respondent' Hence' present Tr'CMP is filed'

4. Learned Counsel for the petitioner apart from reiterating the averments made in the afhdavit submitted that it is always appropriate that FCOP'No'S2O of 2023 filed' by the petitioner for dissolution of marriage, be adjudicated along with the FCOP.No.137 4 of 2023 frled by the respondent for restitution of conjugal rights, by the same Court to avoid conflicting decisions' Hence, prayed to allow this Tr'CMP' / @rry // ..,;- J

5. A perusal of record would disclose that FCOP.52O of 2023 filed by the petitioner for dissolution of marriage is pending before the I Additional District and Sessions Judge_cum_ Addl.Family Court, Medchal Malkqigiri District at Malkajgiri. Further, GWOp.No. l7Z9 of 2024 filed by the petitioner seeking appolntment of guardian and FCOp.N o.l3Z4 of 2023 fited by the respondent for restitution of conjugal rights are pending before the Principal Family Court, City Civil Court at Kalpatharu Building. Therefore, ln considered opinion of this Court FCoP'No.S2o of 2023 filed by the petitioner for dissolution of marriage and FCOp.No.l3Z4 of 2023liled by the respondent for restitution of conjugal rights, are to be adjudicated by the same Court to avoid any conflicting decisions. Therefore, this Court is of considered view that the petitioner made out a case for transfer of FCOp.No.S20 of 2023 from the I Additional District and Sessions Judge_cum_Addl.Family Court, Medchal Malkajgiri District at Malkajgiri to the principal Family Court, City Civil Court at Kalpatharu Building.

6. Accordingly, this Tr.C.M.p. is allowed and FCOp.No.52O of 2023, pending on the file of the I Additiona_l District and Sessions Judge_cum_Addl.Family Court, Medchal Maikajgiri 4 District at Malkajgiri, is tralsferred to the Court of Principal Family Court, City Civil Court at Kalpatharu Building, for disposal in accordance with law.

7. The I Additional District and Sessions Judge-cum- Adrll.Family Court, Medchal Malkajgiri District at Malkajgiri, shall transrnit the entire original record in FCOP.No.52O of 2023, duly indexed, to the Principa,l Family Court, City Civil Court at Kalpathalu Building, preferably within a period of one month from the date of receipt of a copy oi this order. Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. //TRUE COPY// SD M. JAWAHAR REDDY ANT REGISTRAR CTION OFFICER To, 1-ThePrincipalDistrictandSessionsJudgecumFamilycourt,Medchal, Malkajgiri District at Malkajgiri

2. The I Additionat Famity court, Medchat, Matkajgiri District at Malkajgiri 3. One CC to Sri P. Vijaya Bhaskar, Advocate IOPUCI 4. Two CD Copies Kam/gh M. / HIGH COURT DATED:241O712025 ) - !a_ ./;;-:j /.:.' ' !' -\ tA 18 sEP zl[t Lz 'c :.'-, r -- : -,- , .-,' ORDER D; TRCMP.No.S49 ot 2024 ALLOWING THE TR.CMP b q C, €