Allowed

Mrs. Syeda Farheen Fatima v. Mr. Syed Ali Hussain

Telangana HC16 Mar 2023TRCMP/411/2022

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition under Section 24 CPC regarding three pending family court cases involving the same parties. The Court directed the transfer of O.P. No. 852 of 2020 from the Additional Family Court to the Principal Family Court in the same complex to avoid conflicting judgments.

What did the court decide?

Transfer of O.P. No. 852 of 2020 from Additional Family Court to Principal Family Court, City Civil Court, Hyderabad.

Mrs. Syeda Farheen Fatima Vs Mr. Syed Ali Hussain — Property and Title | Telangana HC (2023)

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I i I I I I I I I i

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[³²⁵⁸ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY THE SIXTEENTH DAYOF MARCH TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE SAMBASIVARAO NAIDU

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TRANS. CIVIL MISC.PETITION NO:411 OF 2022

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Between:

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Mrs Syeda Farheen Fatima Wo Syed Ali Hussain, Aged about 37 years Occ Beautician R/o H No 22-2-256, Ground Floor, Flat Bhojani Estate, Noorkhan Bazar, Hyderabad - 5OOO24. Mobite No.8074950b32 Emait farruali323@yahoo co in. Presenfly residing at 22-1-361,362,A,365, Flat No 205, 3rd Floor, Ornate Homes ll. Sultanpura, Hyderabad- SOOO24.

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...PETITIONER

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AND

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Mr. Syed Ali Hussain, S/o Syed Mujtaba Hussain, Aged about 46 years, Occ Business, R/o H No 22-2-221, Noorkhan Bazar, Hyderabad _ 5OOO24 Mobile No.958'12 14000 Email yaml'1 O@yahoo com

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...RESPONDENT

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Petition under Section 24 ot the c p.c. praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to allow the Transfer civil Miscellaneous petition seekrng transfer of'the cases pending in op Nos 852 of 2o2o and 659 of 2021 pending on the fire of Famiry courtiudge, ccc, Hyderabad and the FCop No 547 or zozl pending on the fire ot cnret Judge, family court, ccc Hyderabad to one of the said iourts from the other court

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lA NO: 1 oF 2022

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Petition under sectron 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, ine Hign court may be pleased to grant stay of all further proceedrngs rn FCop No. 547 of 2021 pending on the file of chief Judge, Family court. ccc Hyderabad, pending final disp-osal of the main Transfer Civrl Miscellaneous petition

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lA NO: 2 OF 2022

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Petition under section 15r cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to grant stay of all further proceedrngs in o.p.No. 6s9 of 2021 pending on the file of

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Family Court Judg, 639 Hyderabad pending final di:;::,sal of the marn Transfer Civrl l\4iscel ar)eous Petition

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lA NO: 3 OF 2022

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Petrtion unde Seciion 151 CPC praying that in the cr-:)un'stances stated in the affidavrt filed r support of the petition, the High Ccurt rnay be pleased to grant stay of arl furt e proceedings in O.P.Nos 852 of 2O2t) I)endrng on the frle of Famrly Court Ju g:, CCC, Hyderabad, pending f nal dr;r:osai of the marn Transfer Crvrl It4rsce an6ous Petition

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Counsel for the Pet .ioner: Smt. VEDULA CHITRALEKHA

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Counsel for the Res rondent:

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The Court made the following: ORDER

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ti i

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THE HON'BLE SRI JUSTICE SAMBASIVA RAO NAIDU

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TRANSFER CwIL MISCELLANEOUS PETITION No.411 oF 2022

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ORDER:

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This is a petition filed by the petitioner under Section 24 C.P.C. with a prayer to transfer O.P.No.852 of 2O2O and O.P.No.659 of 2O2l from the Family Court, Hyderabad and FCOP No.547 of 2O2l on the file of Chief Judge, City Civil Court, Hyderabad to any one Court in the same complex

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In the affidavit filed in support of the petition, the petitioner has submitted that (3) different Original Petitions are pending between the petitioner and respondent before dilferent Court. According to the afhdavit filed by the petitioner in support of the petition, it is stated that FCOP No.547 ol 2O2O filed by the petitioner for pcrpctual injunction to restrain the respondent from interfering u'ith the possession of the petitioner, is pending on the file of Famil,v Court, City Civil Court, Hyderabad. The respondent filed counter in the said petition.

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7r.C Y'l: No.411 of 2022

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The re tilioner filed arother petition v.rl: O.p.No.659 of 2O2l w ii,:h is pr:ndir-rg on the file of Fanrill Court, City Civil Cour l, Hyderabad against the sainc r:s,ltotrdent for dissolutiot of marriage. Whereas resp )n(l(-'nt liled FCOp No.547 of 2027 on the file ol ChielJudge, Crrr Civrl Court, Hyderaba, lor Restitution of Conjugal Rrgr:.,;. '-herefore, according tc tre petitioner, the above refern:, I petitions are pending L :fore different Courts, but u'r thc s,il rne complex. Therefore. sht: pra.red for transfcr of a.l I hr r)as_-s to any one Coul r in thc same complex tc ir\ (,r( L r:onflicting judgment

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Noti :e before admission u,as ordcr..ld

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Pro< f of service lilecl. Nonc a1;pea..r:d for the

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respondel it

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Hea^'d learned counsel for ll-re petirione:.

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Nov the point for consideratior-r is

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Wh, tlter the^.equest o.f petttioner l,tr tt t ,:;fer of att the (3) t a:;e.s to one Couft ccut bc corlst'le-r,('^.

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TT.CMP No.411 o! 2O22

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8. POINT

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As could be seen from the specific averments made in the affidavit filed in support of the petition, it is stated as if one of the above referred petitions vide F.C.O.P. No.547 of 2O2L flled by the respondent'a,hich is pending before Chief Judge, Family Court, City Civil Court, Hyderabad, the Office was directed to get clarification as to where the above referred petitions are pending. As per the information received from the Office of Citl. Civil Court, Hyderabad it shows that O.P.No.B52 ol 2O2O is pending on the file of I Additional Family Court, the other petitions i.e., O.P.No.659 of 2021 filed by the petitioner for dissolution of marriage and F.C.O.P.No.547 ol 2021 filed by the respondent for Restitution of Conjugal Rights are pending on the file of Principal Family Court, Cit1, Civil Court, Hyderabad. Therefore, it is very clear that al1 the above referred petitions are pending before diff'erent tu,o Family Courts, but in the same complex.

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As rightly submitted by the learned counsel for the petitioner, if all the petitrons are tried and dispose by the

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Tr'.C llLP No 417 of 2022

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same Cou t. it n'ould avoid conflicting order-" z:nd it u,ill be convcnicrr lor thr. parl ics to produce tncrr r.espective evidence, [,vcn, if the above referred l)r]titions are transferre I o anv other single Court, it ma).rr()t ()ause any prejudice o tl- e corLtentions of the partir.s.

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Ther :f:rr,:. thc rcqucst of thc petitrorrer can be considercr lb.- transler ol O.p.No.852 of .2at,.,aO from the Additiona lr:rmil-r' Court to principal Farnill, Court, City Civil Cour IJ, clcracacl

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1 1 . In he result, thc petition is all,l w,erj. As a cons€ quer cr:, thcrer>f, O p. No.B52 of 2O2O c,::r the file of Additiona Ira'rril]. ftourt. Citr.. Civil Court, FI,rderabad. IS ri'ilhdrzr* r rtrd tra.sferrecl to the file of pr rrc,ipal Familv Court, Cit r}.ril Court. llr dcrabad

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Thc ::or.r,:crned Court is hereby directr,rl to transmit the e'ntir< ,rase file, altcr rlul.y indexe,d, u it hin (4) four u.ee ks fro n thc dz(e ol receipt of this Order:.., trnder the ir-rtrmat ior t I t he othcr sicie.

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T|-CMP No.411 oJ 2022

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! I I I

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As a sequel, pending Miscellaneous Applications, if

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any, shall stand closed.

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SD/- P. PADMANABHA REDDY.

ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

1 The Judge, Family Court, City Civil Court, Hyderabad

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2 The Chief Judge, Family Court, City Civil Court, Hyderabad a One CC to Sri Vedula Chikalekha, Advocate [OPUC]

4 Two CD Copies

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HIGH COUR'I

SSRN,J

DATED:1 610312023

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I I i 'in ?[23

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ORDER

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TRCMP.No.4 1of 2022

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ALLOWING THE TR.CMP. cf'a4 3.. {fr,

Mrs. Syeda Farheen Fatima v. Mr. Syed Ali Hussain

Case brief

What is this about?

What did the court decide?

Mrs. Syeda Farheen Fatima v. Mr. Syed Ali Hussain

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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