HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY TRANSFER CIVIL MISCELLANEOUS PETITION No.46 of 2025

ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking transfer of G.W.O.P.No.10 of 2024 on the file of the I Additional District Judge-cum-Family Court Judge, Medchal-Malkajgiri to the Court of the Principal District Judge-cum-Family Court Judge, Medchal-Malkajgiri District.

2. Heard Smt. Anupriya Sethi, learned counsel for the petitioner and Sri M.Rathan Singh, learned counsel for the respondents.

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 No.1 are wife and husband and respondent Nos.2 to 4 are their children; petitioner and respondent No.1 marriage was solemnized on 12.10.2014 at Pariwar Function Hall, Indra Nagar, Moula Ali, Hyderabad, as per Muslim rites and customs; after marriage ceremonies, she joined the matrimonial company of respondent No.1 at Moula Ali, Hyderabad. However, after some period, respondent No.1 started harassing the petitioner mentally and physically. It is averred that respondent No.1 filed G.W.O.P.No.10 of 2024 before the I Additional District Court- cum-Family Court Judge, Medchal-Malkajgiri District, seeking custody of respondent Nos.2 to 4, whereas the petitioner herein filed G.W.O.P.No.35 of 2024 before the Principal District Judge- cum-Family Court Judge, Medchal-Malkajgiri District, to declare the petitioner herein as the permanent custodian of respondent Nos.2 to 4.

4. Learned counsel for the petitioner as well as the learned counsel for the respondents submitted that counter in both the GWOPs have been filed and the same are pending for adjudication.

5. This Court considered the submissions made by learned counsel for the petitioner. Perused the material available on record.

6. It is an admitted fact that both the applications i.e., G.W.O.P.No.10 of 2024 and G.W.O.P.No.35 of 2024 are filed for custody of respondent Nos.2 to 4, who are minor children of the petitioner and respondent No.1. Since the parties involved in both the cases and issues to be decided in both the cases are one and the same, this Court is of the considered opinion that it would be appropriate if G.W.O.P.No.10 of 2024 filed by respondent No.1 and G.W.O.P.No.35 of 2024 filed by the petitioner, shall be tried by the same Court to avoid possibility of passing conflicting decisions.

7. Therefore, in the facts and circumstances of the case, it would be just and appropriate to transfer G.W.O.P.No.10 of 2024 on the file of the I Additional District Judge-cum-Family Court Judge, Medchal-Malkajgiri, to the Court of the Principal District Judge-cum-Family Court Judge, Medchal-Malkajgiri District.

8. Accordingly, this Tr.C.M.P. is allowed and G.W.O.P.No.10 of 2024 before the I Additional District Court-cum-Family Court Judge, Medchal-Malkajgiri District, is transferred to the Court of the Principal District Judge-cum-Family Court Judge, Medchal-

Malkajgiri District, for disposal in accordance with law.

9. The I Additional District Court-cum-Family Court Judge, Medchal-Malkajgiri District, shall transmit the entire original record in G.W.O.P.No.10 of 2024, duly indexed, to the the Principal District Judge-cum-Family Court Judge, Medchal- Malkajgiri District, as expeditiously as possible, preferably within a period of one (01) month from the date of receipt of a copy of this order.

10. Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. __________________________________

LAXMI NARAYANA ALISHETTY, J Date: 13.06.2025 pss HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY TRANSFER CIVIL MISCELLANEOUS PETITION No.46 of 2025 Date:13.06.2025 pss