THE HONOURABLE SMT. JUSTICE K. SUJANA

ORDER

This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, by the petitioner, who is the wife of the respondent, seeking to transfer O.P.No.247 of 2022 pending on the file of the learned I Additional Family Court-cum-XIV Additional Metropolitan Sessions Judge, Hyderabad to the learned Judge, Additional Family Court, Ranga Reddy District at L.B. Nagar.

2. Heard Sri S. Someshwar Rao, learned counsel for the petitioner as well as Sri, S. Thulasiram, learned counsel appearing on behalf of the respondent.

3. The facts of the case are that the marriage between the petitioner and the respondent was solemnized on 02.02.2012. After the marriage, they lived for some time. Out of their wedlock, they were blessed with a male child. Thereafter, the disputes arose between them, and the petitioner-wife left the company of the respondent-husband, as such, the respondent herein filed F.C.O.P.No.1593 of 2018, seeking restitution of conjugal rights, which is pending before the learned Judge, Family Court, Ranga Reddy District at L.B. Nagar. Later, the respondent-husband filed two I.As vide I.A.Nos.1512 of 2018 and 1511 of 2018. I.A.No.1512 of 2018 was filed under Section 26 of the Hindu Marriage Act, 1955 read with Section 6 of the Hindu Minority and Guardianship Act, 1956 read with Section 151 of CPC seeking custody of the minor child and I.A.No.1511 of 2018 was filed seeking to grant visitation rights. Later, the petitioner-wife filed F.C.O.P.No.1549 of 2019, seeking dissolution of marriage and claimed for Rs.10 crores towards permanent alimony and future maintenance. Thereafter, the respondent-husband filed O.P.No.247 of 2022, which is pending before the learned Judge, Family Court, City Civil Court, Hyderabad and all the cases are pending for adjudication.

4. Learned counsel for the respondent filed counter stating that the respondent filed O.P.No.247 of 2022 on 05.01.2022. Later, the petitioner-wife filed I.A.No.438 of 2023 in O.P.No.247 of 2022, before the Integrated Family Court, Kalpataru Building, Hyderabad, and the same was dismissed. Against the same, she filed C.R.P.No.2473 of 2023 and the same was also dismissed by this Court in the first hearing itself affirming lower Court decision, stating that trial Court had applied its mind and decided territorial jurisdiction. After dismissal of the said Civil Revision Petition, petitioner again filed this Transfer Civil Miscellaneous Petition with an intention to drag on the matter. He further submitted that the petitioner is misleading the Court with partial information and suppressing the details of MC and DVC petitions filed in Integrated Family Court, Kalpataru Building, Hyderabad, where the current O.P. is pending, and she is attending the proceedings in MC and DVC. Integrated Family Courts is very convenient and better equipped and near to her residence. The respondent-Husband has come down to India from UK and has been staying in India since March, 2021, but the proceedings are being stalled by one way or other way by filing all frivolous I.As by the petitioner-wife, which is putting pressure on the respondent-father financially as he has been out of work for a long time. Hence, prayed the Court to dismiss the petition.

5. Having regard to the rival submissions made by both the learned counsel and having gone through the material available on record, respondent-husband filed F.C.O.P.No.1593 of 2018 through his mother as GPA holder for restitution of conjugal rights, in which the respondent- husband filed two I.As for custody of minor child and to grant visitation rights but I.A.No.1511 of 2018 is partly allowed granting visitation rights to the respondent to see his minor child once in a month on every 1st working Saturday from 1:00 P.m to 4:00 P.m., at District Legal Services Authority, Ranga Reddy District. In O.P.247 of 2022 the husband filed I.A. for grant of visitation rights. When petitioner