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High Court for State of TelanganaTRCMP/23/2022disposed of no costs

Smt. Tejaswi v. Mr.Ajay Kanth

2022-06-17P.Sree Sudha5 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAO FRIDAY,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTYTWO PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA TRANS. CIVIL MISC.PETITION NO: 23 oF 2022 Between:

Smt. Tejaswi, W/o. M.AjaY Khanth, R/o. H.No Quarter No.B-1/17 Ag PT e aboul 28 Years, Occ. Private Employee, S NTPC, Jyothinagar, SomanapallY , Ramgudam Mandalam, Karimnagar District. Ph.80191 1 1807 I i ..PETITIONER AND Mr.Aiav Kanth, S/o Sree G.Ram Swamy, Age About 32 Years, Occ. Employee Rlo. i{.No 103, Chandrakala Residency, AIlapur, Gayatrinagar, Borabanda, Hyderabad-50001 8 ...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 toto withdraw the HMOP. NO 623 of 2021 pending on the file of Honourable I Addl Family Court, City Civil Court , at Hyderabad and transfer the same to the court of thi Hon'ble Family Court Cum Additional District and Session Judge at Karimnagar, Karimnagar District .

lA NO: 1 oF 2022 Petition under Section 151 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 further proceedings in HMOP 62312A21 pending on the file of Honourable I Addl. Family Court, CCC, at Hyderabad pending the Transfer Petition, in the interest of justice .

I I I Counsel for the Petitioner :SRl' V NITESH Counsel for the Respondents: VUPPALAPATI SREENIVASA RAO The Court made the following: ORDER I

THE HONOURABLE SMT JUSTICE P.SREE SUDHA TRANSFER CIVIL MISCELLANEOUS PETITION No.23 OF 2022 ORDER:

This Transfer Civil Miscellaneous Petition is filed by the petitioner / wife to withdraw HMOP No.623 of 2021 pending on the file of Judge, I Additional Family Court, City Civil Court at Hyderabad and transfer the same to the Court of the Judge, Family Court-Cum-Additional District and Session Judge at Karimnagar, Karimnagar District. 2.

Heard both sides. Perused the record.

3.

H.M.O.P.No.623 of 2O2I was filed by husband, who is the respondent herein, seeking divorce in the Court of the Judge, I Additional Family Court, City Civil Court, Hyderabad. The petitioner herein lodged a complaint with SHO, NTPC Jyothi Nagar, Peddapalli District vide FIR No.1B2 of 2020, which was numbered as SC No.278 of 2O2l on the file of the V Additional District and Sessions Judge, Karimnagar. The petitioner stated that she is residing at Jyhothi Nagar, Somanpally, Ramagundam Mandal along with her parents and it became inconvenient .='-'2 4 'r

PSS,J II.CMP 23 2022 for her to travel 230 K.M. and that she has to incur huge expenditure for travel. The respondent herein is a software engineer and getting a monthly salary of Rs. 1.50 Lakhs. 4.

In view of the above facts and circumstances and more particularly the respondent/husband has to attend a case filed by his wife at Karimnagar and that he is having financial source to travel Karimnagar, this petition deserves to be a]lowed.

5.

In the result, this Transfer CMP is allowed ordering withdrawal of HMOP No.623 of 2O2l pending on the file of Judge, I Additional Family Court, City Civil Court at Hyderabad and transfer the same to the Court of the Judge, Family Court-Cum-Additional District and Sessions Judge at Karimnagar, Karimnagar District for disposal in accordance with 1aw. The learned Judge, I Additional Family Court, City Civil Court at Hyderabad sha1l transmit the entire case records in HMOP No.623 of 2O2I to the Court of the Judge, Family Court-Cum-Additional District and Session Judge at Karimnagar, Karimnagar District.

PSS,J f r.CMP 23 2022 a In the facts and circumstances of the case, there shall be no order as to costs. Miscellaneous petitions, if any, pending, in this Transfer CMP, shall stand closed' Sd/.I.NAGALAKSHMI DEPUTY REGIS \ //TRUE COPY// SECTION OFFICER To,

1. The I Additional Family Court' City Civil Court' at Hyderabad '

2. The Family Court Cum Additional District and Session Judge at Karimnagar, Karimnagar District.

a. The Station House Officer, NTPC Police Station , Peddapalli District.

4. One CC to SRl. V NITESH Advocate [OPUC]

5. One CC to SRl. VUPPALAPATI SREENIVASA RAO Advocate [OPUC]

6. Two CD CoPies

7. One Spare CoPY CDL *

HlGH COURT DATED:1 710612022 , - .1.:l .: ,\ j.,i {t\

ORDER

lJ \o \\ z.-,\3 2 g JIJL 2022 i;

TRCMP.No.23 of 2022 I ALLOWING THE TR.CMP ORDERING WITHDRAWAL.