Telangana High Court
TRCMP/308/2023 of Smt. Boda Padma Mukhi Vs Boda Ravi Kumar on 29 December 2023
COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENW NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE. PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA TRANS. CIVIL MISC.PETITION NO: 308 OF 2023 Between: Smt. Boda Padma Mukhi, Wio Boda Ravi Kumar Aged 34 years occ. House hold r/o
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
FRIDAY, THE TWENW NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE.
PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA
TRANS. CIVIL MISC.PETITION NO: 308 OF 2023
Between:
Smt. Boda Padma Mukhi, Wio Boda Ravi Kumar Aged 34 years occ. House hold r/oH.no.8-14, Pedda thanda, Khammam city, Khammam District.
...PETITIONER/RESPONDENT
AND
Boda Ravi Kumar, Sio Boda Ramdas Naik Aged 41 years occ. out sourcingemployee r/o H.no. 17-1 -3821N123 Nagarjuna colony, opp. Focus Hospital,Champapet, Saroornagar, Ranga Reddy District.
...RESPONDENT/PETITIONER
Petition Under Section 24 of the C.P.C. Praying that in the circumstancesstated in the affidavit filed therewith, the High Court may be pleased to transferFC.O.P. No.1025 of 2022 which is pending on the file of learned Judge, FamilyCourt, Ranga Reddy District at L. B. Nagar to the learned Judge, Family Court, atKhammam, Khammam District.
lA NO: ['f ]OF 2023
Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be [pleased ]to stayall further proceedings in FC OP No.102512022 which is [pending ]on the file oflearned Judge, Family Court, Ranga Reddy District at L. B. Nagar, [pending]disposal of the transfer CMP in the interest of [justice.]
Counsel for the Petitioner: Sri M V Hanumantha Rao Counsel for the Respondent: Sri B Shiva Kumar The Court made the following: ORDER
THE HONOURABLE SMT. JUSTICE K. SUJANATr.C.M.P.No.3O8 OF 2023
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ORDER:
This Transfer Civil Miscellaneous Petition is fi1ed underSection 24 of the Code of Civil Procedure, 1908, by thepetitioner, who is the wife of the respondent, seeking the Courtto transfer F.C.O.P.No. 1025 of 2022 from the Court of thelearned Judge, Family Court, Ranga Reddy District at L.B.Nagar, to the Court of the learned Judge, Family Court,Khammam District.
2. Heard Sri M.V. Hanumantha Rao, learned counsel for thepetitioner and Sri. B. Shiva Kumar, Iearned counsel for therespondent.
3. Marn averments of the afhdavit, filed in support of thepetition, are that the marriage between the petitioner and therespondent was solemnized on 15.03.2017 as per Hindu ritesand customs. After six months of their marital life, therespondent and his parents started harassing the petitioner foradditional dowry. Thereafter, the petitioner lodged a complainton 22.1O.2OI9 which was registered as Crime No. i22 of 2Ol9for the offences under Sec.498-A, 506 of IPC and also under t Tr.C. M. P. No. 3O8 of [2023]
Section 3 and 4 of D.P. Act and thereafter filed [charge ][sheet]vide C.C. No. 2O of 2O2O before learned Judicial First ClassMagistrate and Special Mobile Court at Khammam and [also]I-rled D.V.C. No. 41 of 2022 before learned I Additional JudicialMagistrate of First Class, Khammam and M.C. No. 3 of 2O2Obefore learned Judge, Family Court, Khammam. Later, herhusband, who is the respondent herein, filed F.C.O.P. No.1025 of 2022 seeking divorce before learned Judge, FamilyCourt at Ralga Reddy District at L.B. Nagar.
Learned counsel for the petitioner submitted counsel for the petitioner submitted for the petitioner submitted the petitioner submitted petitioner submitted submitted that asas
Arguments
4. Learned counsel for the petitioner submitted counsel for the petitioner submitted for the petitioner submitted the petitioner submitted petitioner submitted submitted that asasthere is threat in the hands of the respondent, [prayed ][the]Court to transfer the said case to Khammam Court.5. Having considered the facts and circumstances of [the]case and the submissions made by learned [counsel ]for [the]petitioner and since the petitioner is staying with her [parents]at Khammam District, it is very difficult for her to attend [the]Court at L.B. Nagar on each and every date of [adjournment.]Considering the difficulty of the petitioner, this Court [deems ][it]appropriate to transfer F.C.O.P.No. 1025 of 2022 frorn [the]Court of the learned Judge, Family Court, Ranga [Reddy]District at L.B. Nagar, to the Court of the learned [Judge,]Family Court, Khammam District.
-" 7-
6. Accordingly, the Transfer Civil Miscellaneous [Petition ][is]allowed. F.C.O.P.No.1025 of 2022 stands [transferred ][from ][the]Court of the learned Judge, Family Court, Ranga [Reddy]District at L.B. Nagar, to the Court of the learned Judge,Famity Court, Khammam District, u'ith a direction [to ][dispense]the attendance of the respondent herein, [wl-renever his]presence is not required. The Court concerned is herebydirected to transmit the entire case file relating [to]F.C.O.P.No.1025 of 2022, after duly indexed, within [a ][period ][of]one (1) month from the date of receipt of a copy of this [Order,]under intimation to the other side. There shall be no order asto costs Pending Miscellaneous Applications, if any, shall stand closed.
SD/. A.V.S. PRASADASSISTANT REGISTRARSECTION OFFICER
//TRUE COPY//
To,
1. The Judge, Family Court, Ranga Reddy District at L.B.Nagar
2. The Judge, Family Court, Khammam District.
3. One CC to Sri M. V. Hanumantha Rao, Advocate [OPUC]
4. One CC to Sri B. Shiva Kumar, Advocate [OPUC]
5. Two CD Copies
oPlpKMS
HIGH COURT
SKS, J
DATED: 2911212023
ORDER
TRCMP.No.308 o12023
ALLOWINGTHE TR. CMPeA'"bv
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