Smt. Kathuripally Madhavi v. Kathuripally Venkatesh

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY ,THE TWENTY SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY TRANS. CIVIL MISC.PETITION NO: 6 OF 2021 Between:

Smt. Kathuripally Madhavi, W/o K.Venkatesh, Aged about 31 years, Occu House Wife, Fi/o H.No 12-8-2131711 , Hunter Road, Warangal, City and Ditrict. ...PETITIONER AND Kathuripally Venkatesh, S/o K.Jayaprakash, Age about 34 years, Occu Now Nill, Ri./o.H.No 29-143314116,East Kakathiya Nagar, Neredmet, Medchal Malkajgiri district ...RESPONDENT Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to withdraw and direct to transfer the case F.C.O.P.No. 371 ol 2020 on the file of the Hon'ble Additional District Judge Cum Family Court, at Medchal District to any Court of Competent Jurisdiction at Warangal .

lA NO: 1 OF 202'l Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all for the proceedings in F.C.O.P No.371 ol 2020 before the Hon'ble Additional District Judge Cum Family Court, at Medchal District pending the above Transfer CMP.

Counsel for the Petitioner :SRl. BONDEMPALLY RAMULU Counsel forthe Respondents: N VISHNU MURTHY(NOT PRESENT) The Court made the following: ORDER (

HONOURABLE SRI JUSTICE A.VENKATESTIWARA REDDY TT.CMP'No'6 of 2O21 ORDER:

Heard learned counsel for the petitioner' Learned counsel for respondent called absent' No representation' 2.

Perusecl the record. As per the averments of the transfer CMP, the petitioner-wife requested to withdraw and transfer the case in F.C.O.P.No.37 | of 2O2O pending on the file of learned XVI Additional District Judge-cum-Additional Family Court at Malkajgiri to any other competent Court at Warangal and to pass any such other orders.

3.

A perusal of the affidavit fi1ed in support of petition' it is found that the petitioner is living with her parents at Warangal and she is a house wife. So far, she has not been paid any maintenance. The respondent is residing at Neredmet of MedchalMalkajgiri. She has financial problems also' Therefore' considering the entire scheme of the Hindu Marriage Act' 1955 Section 24 C.P.C. and hardship on the part of petitioner' also as there is no representation on behalf of respondent-husband' I am inclined to accept the request of the petitioner for withdrawal of F.C.O.P.No.371 of 2020 pending on the file of learned XVI Additional District Judge-cum-Additional Family Court at Malkajgiri and to transfer the same to the Judge' Family Court at Warangal.

4.

Accordingly, Tr'CMP is allowed' F'C'O P'No 37 1 of 2O2O pending on the file of learned XVI Additional District Judge-cumAdditional Pamily Court at Malkajgiri is hereby withdrawn and transferred the same to the Judge, Family Court at Warangal' The

-2learned XVI Additional District Judge is hereby directed to transmit the entire record in FCOP.No.371 of 2020, duly indexed to the Court of Judge, Family Court at Warangal within one month from the date of receipt of a copy of this order. Pending miscellaneous applications, if any, shall staryd:qto,se{. Ass€llSisAJXA'iX'iil //TRUE COPY/'

, ,,, SECTION OFFICER To, TheXVlAdditionalDistrictJudgeCumAdditionalFamilyCourt,at Malkajgiri , lVedchal District.

1.

The Judge, Family Courl at Warangal'

a One CC to SRl. BONDEMPALLY RAMULU Advocate [OPUC] One CC to SRl. N VISHNU TUURTHY Advocate [OPUC] 4.

Two CD CoPies 5.

One Spare CoPY b.

CDITR $r,

HIGH COURT DATED:2611U2A21

ORDER

TRCMP.No.6 of 2021 \ AI-I-OWI\G THE TR,C.M.P