Telangana High Court

TRCMP/221/2021 of Smt.R.Swapna Vs Pisati Bal Reddy on 30 December 2021

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THE STATE OF TELANGANA AT HYDERABAD THURSDAY , THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY TRANS. GIVIL MISC.PETITION NO:221 OF 202'l Between: Smt.R.Swapna, W/o.Sri.P.Bal Reddy Aged 32 years Occ. Private Emplovee RJo

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THURSDAY ,THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY ONE

PRESENT

THE HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY

TRANS. GIVIL MISC.PETITION NO:221 OF 202'l Between:

Smt.R.Swapna, W/o.Sri.P.Bal Reddy Aged 32 years Occ. Private Emplovee RJoH.No.7-1-307114112,Swamy Residehcy, Subash Nagar, Sanath Nagar, Hyderabad.H.No.7-1-307114112,Swamy Residehcy, Subash Nagar, Sanath Nagar, Hyderabad.

...PETITIONER

AND

Pisati Bal Reddy, S/o.Late.PA{avi Reddy Aged 40 years Dharmajigudem Village,Choutuppal Mandal, Nalgonda District.Choutuppal Mandal, Nalgonda District.

...RESPONDENT

Petition Under Section 24 of lhe C.P.C. Praying that in the circumstancesstated in the affidavit filed therewith,the High Court may be pleased to TransferH.tM.O.P. I of 2021 on the file of Senior Civil Judge, Bhoingir, Nalgonda District,and transfer the same to the Family Court, City Civil Court, at Hyderabad .

lA NO: 1 OF 2021

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 grantstay of all further proceedings in H.M.O.P.8 of 2021 on the file of Senior Civil Judgeat Bhoingir. Nalgonda District pending disposal of the above Transfer Civil I\/isc.Petition.the affidavit filed in support of the petition, the High Court may be pleased to grantstay of all further proceedings in H.M.O.P.8 of 2021 on the file of Senior Civil Judgeat Bhoingir. Nalgonda District pending disposal of the above Transfer Civil I\/isc.Petition.

Counsel for the Petitioner: SRl. DEVARAKONDA VIJENDRA KISHORE

Counsel for the Respondents: None appeared The Court made the following: ORDER

THE HONOUR,P BLE SRI JUSTICE A.VENKATESHWAFI"A REDDY

'RANSFER C.M.P.NO.221 0F 2021

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ORDER:

Heard the .earned counsel for the petitioner Perused tl e record Notice of the respondent sent through the Court serveci.Called absent. l o representation.

This Tran;fer C.M.p.is filed by the petitioner-wife underSection 24 of t re Code ofCivil Procedure (CPC) for transfer ofH.M.O.P.No.8 o 2021 onthe frle of the Senior C ivil Judge,Bhoingir, Nalgor da District,to the Judge, Family Court, City CivilCourt at Hydera rad.

As per tt _- averments in para-4 of the affidavit filed insupport of the p [.tition, ]the petitioner has also filed a criminal casein Crime No.62 1 of 2018 of WpS, DD police Station, Hyderabad, forthe offences un ter Sections 498-4 and 4O6 of the tndian penalsupport of the p [.tition, ]the petitioner has also filed a criminal casein Crime No.62 1 of 2018 of WpS, DD police Station, Hyderabad, forthe offences un ter Sections 498-4 and 4O6 of the tndian penalCode and she h rs also filed D.V.C.No. 124 of 2Ol9 belbre the IIIMetropolitan Ma listrate, Hyderabad at Nampalll,. She was drivenout of the hous, of the respondent and she has been living withher parents alon 3 with her minor child. Therefore, considering theout of the hous, of the respondent and she has been living withher parents alon 3 with her minor child. Therefore, considering theconvenience of he petitioner-wife and her minor child and thescheme of the H ndu Marriage Act, 1955, I find justifica.tion in therequest of the p:titioner-wife in transfer of H.M.O.p.No.g <tf 2O2lfrom the Court )f the Senior Civil Judge, Bhoingir to the FamilvCourt at Hyderal ad.from the Court )f the Senior Civil Judge, Bhoingir to the FamilvCourt at Hyderal ad.

In the result, the [Transfer ][C'M'P ][is ][ailowed ][and]H.M.O.P.No.S [ot ][2O2l ][pending ][on the ][file of ][the ][Senior ][Civil ][Judge']Bhoingir, Nalgonda [District, ][is ][ordered ][to ][be ][withdrawn ][and]transfer to the [Judge, ][Family ][Court, City Civil Court ][at ][Hyderabad']for disposal in [accordance ][with ][law' ][Learned ][Senior ][Civil ][Judge']Bhoingir, Nalgonda [District, ][shall transmit the entire ][record' duly]indexed, within [one ][month ][from ][the ][date of receipt ][of ][a ][copy ][of ][this]order.

As a sequel, the [interlocutory applications' ][if ][any' ][shall]stand closed.SD/-K.ONESIMASSISTANT REGISTRAR//TRUE COPY//ADSECTION OFFIGER

To,1. The Senior Civil Judge, Bhoingir, Nalgonda District [.]2. The Family Court, City Civil Court, at Hyderabad [.]3. One CC to SRl. DEVARAKONDA VIJENDRA KISHORE [Advocate ]IOPUC]4. Two CD Copies5. One Spare CopyCDLSBx\i(

DATED:3011212121

ORDERTRCMP.N o.221 of [2021]

ALLOWING [1 ]HE [TR.CMP]

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