Smt. Bandaru Nirisha v. B.Madhu Sandeep Kumar

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE SIXTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY TR.

.P. NO: 79 OF 2020 Betweon:

Smt. Bandaru Nirisha, Wo. Sri B.M.Sandeep Kumar, ...PETITIONER AND B.Madhu Sandeep Kumar, S/o.Sri Pradeep Kumar, ...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 transfer F.C.O.P.No.1515t2O18 from the file of Hon'ble Judge, Additional Family court- cumlV Additional District Judge, R.R.District, at L.B.Nagar to the file of the Hon'ble Judge, Family Court at Secunderabad to be tried along with O.P,No.34612O19 and tvl.C. 59/2019 IANO: 1 OF 2020 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 F.c.o.P.No.

1515/2018 on the file of Hon'ble Judge, Additional Family court Judge -cum -lV Additional District Judge, R.R.District, at L.B.Nagar' pending disposal of the Transfer Civil Miscellaneous Petition' This petition coming on for hearing, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of sri T.

!---_ HONOURABI,E SRI JUSTICE A.VENKATESHWARA REDDY TRANSFER CIVIL MISCELLANEOUS PETITION.No.T9 of 2020 ORDER:

Heard learned counsel for the petitioner.

2.

On verification it is found that notice of the respondent sent I I by this Court through registered post returned as "unclaimed", I which is treated as constructive service, called absent. No representation.

3.

This transfer CMP is liled under Section 24 of CP.C. seeking withdrawal of FCOP.No.1515 of 2018 pending on the file of Judge, Additional Family Court-cum-lV Additional District Judge, R.R. District at L.B.Nagar and to transfer the same to the Court of Judge, Family Court at Secunderabad to be tried along with OP.No.346 of 2Ol9 and M.C.No.S9 of 2019 pending on the file of that Court.

3.

Perused the averments of the affidavit filed in support of the petition.

4.

Having regard to the fact that two more cases are pending on the file of Judge, Family Court at Secunderabad between the same parties, considering the scheme of the Hindu Marriage Act, 1955, Section 24 of C.P.C., convenience of wife, I deem it fit to consider her request.

5.

ln the result, this transfer CMP is allowed. OP.No. 1515 of 2018 pending on the file of Additional Family Court, R.R. District at L.B.Nagar is hereby ordered to be withdrawn and transferred the same to the Court of Judge, Family Court, Secunderabad to be tried along with OP.No.346 of. 2Ol9 and M.C.No.S9 of 2019

- zpending on the file of that Court, Learned Judge , Additional Family Court, Ranga Reddy shall transmit the entire case record duly indexed to the Judge, Family Court, Secunderabad u,ithin one month from the date of receipt of a copy of this order. Pending miscellaneous applications, if any, shall stand closed. Sd/-B.SATYAVATHI ASSISTANT REGISTRAR //TRUE COPY'

qo \ SECTION OFFICER To

1. The Judge, Additional Family court-cum- lV Additional District Judge, Ranga Reddv District at L.B.Nagar.

2. The Judoe. Familv Court, Secunderabd.

5. one CC-to'Sri T.Natraj, Advocate (OPUC)

4. Two CD CoPies

5. One Spare CoPY Kj

I HIGH COURT L DATED:1611112021 L4 o \ { ' IJJ q -s s $ Ec

ORDER

t.

.,: } TRCMP.No.79 of 2020 t) t J L ALLOWED.