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2008 DIGILAW 590 (AP)

Budha Raju Sreenivasa Raju v. Budha Raju Rama

2008-07-31

P.S.NARAYANA

body2008
ORDER :-Heard the Counsel. 2. Sri Rama Gopal, the learned Counsel representing the petitioner would submit that when an Additional Family Court was constituted at Visakhapatnam, though this matter was part-heard before the original Family Court, this matter also was transferred and it would be just and proper if the said Family Court further proceeds with this matter since the matter already was made part-heard before the said Court. 3. Sri T.N.U Ranga Rao, however, would maintain that the petitioner is the husband and since the petitioner is not interested in the disposal of the O.P., this Tr.C.M.P. had been thought of 4. This Tr.C.M.P. is filed to transfer OP No.95/2007 on the file of the Additional Family Court, Visakhapatnam, to the Court of the Judge, Family Court, Visakhapatnam in the interest of justice and pass such other suitable orders. 5. It is stated that OP No.95/2007 was filed on the file of the Judge, Family Court, Visakhapatnam by the petitioner under Section 13(1)(ia)(b) of the Hindu Marriage Act, 1955 against the respondent. It is needless to say that the petitioner is the husband and the respondent is the wife. It is also stated that the trial in O.P. No.95/ 2007 had been commenced and the petitioner filed the affidavit-in-Chief on 19.12.2007 and thereafter the matter was being adjourned for cross-examination. Subsequent thereto, the cross-examination also was commenced and the matter was coming up for further cross-examination of PW.1. It is also stated that while so, an additional Family Court was constituted at Visakhapatnam. Consequently, some of the matters pending before the Family Court, Visakhapatnam were transferred to the Additional Family Court, Visakhapatnam. In the said course, on 13.5.2008, OP No.95/2007 also was transferred along with other matters to the Additional Family Court, Visakhapatnam. It is also stated that OP No.95/2007 is being dealt with by the Family Court, Visakhapatnam and the said Family Court, Visakhapatnam conducted the reconciliation proceedings and the trial also was commenced and PW.l was cross-examined up to some extent and the same was coming up for further crossexamination. In such circumstances, it is stated that it would be just and proper if the Family Court, Visakhapatnam decides this OP No.95/2007 instead of Additional Family Court, Visakhapatnam. 6. In such circumstances, it is stated that it would be just and proper if the Family Court, Visakhapatnam decides this OP No.95/2007 instead of Additional Family Court, Visakhapatnam. 6. When a matter already was made part-heard by the Family Court, Visakhapatnam may be while transferring matters, by mistake, even the part-heard matter would have been transferred to the Additional Family Court, Visakhapatnam. In the light of the said fact, this Court is of the opinion that it would be just and proper if the Family Court, Visakhapatnam decides the matter, in view of the fact that this O.P. was made part-heard already by the said Court to try and dispose of the matter in accordance with law. Accordingly, OP No.95/2007 on the file of Additional Family Court, Visakhapatnam, at present, be transferred to the Family Court, Visakhapatnam and let the Family Court, Visakhapatnam further proceed with the matter and decide the same at the earliest point of time, preferably within a period of six months from the date of receipt of this order. Tr.C.M.P. ordered accordingly. No costs.