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High Court for State of TelanganaTRCMP/257/2023allowed no costs

Smt. Vemula Paramjyothi, v. Rajesh Vemula,

2023-12-14K. Sujana5 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY,THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE r PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA TRANS. CIVIL MISC. PETITION NO: 257 OF 2023 Between:

Smt. Vemula Paramjyothi,, Wo Rajesh Vemula, Aged 34 years, Housewife, Rl/o and C/o Yadagiri Narasaiah, H. No 5-5-1065/81/A' Road No. 3 Bank Colony, Chintalakunta LB Nagar, Ranga Reddy' ...i,ertloNeR/RESPoNDENT lN HMoP No. 183/2022 AND Rajesh Vemula,, S/o Satyanarayana, Aged 38 years, Software Engineer' Ryo H.tlo. 5-11110311t105, Janmabhoobi Ameenpur Municipality, Sangareddy District.

...RESPONDENT/PETITIONER IN HMOP NO. 183/2022 Petition Under Section 24 of the C.P'C' Praying that in the circumstances stated in the affidavit filed there with, "the High court may be pleased toto withdraw the H. M.O.P. No' 183 of 2022 from the Court bt Senior Civil Judge-cum-Assistant Sessions Judge' Sangareddy and transfer the same to Family Judge, Ranga Reddy District at L.B. Nagar.

!A NO: 1 OF 2023 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 of all further proceedings in H' fvf .b.p. No. 1Bi of 2022 from the Court of Senior Civil Judge-cumAssistant Sessions Judge, Sangareddy pending disposal of the above Petition .

Counsel for the Petitioner :SRl. MAHADEV ANYARAMBHATLA Counsel for the ResPondent: None The Court made the following: ORDER

/ THE HONOURABLE SMT. JUSTICE K. SUJANA Tr.C.M.p No.257 oF 2023 ORDER:

This Transfer Civil Miscellaneous petition is filed under Section 24 of the Code of Civil procedure, l9Og, by the petitioner, who is the wife of the respondent, praying the Court to transfer H.M.O.p.No.1g3 of 2022 pending on the hle of the learned Senior Civil Judge_cum_Assistant Sessions Judge, Sangareddy, to the file of the learned Judge, Family Court, Ranga Reddy District at L.B. Nagar.

2.

Heard Sri S.A. Mahadev, learned counsel for the petitioner. Though notice served upon the respondent, none appeared on his behalf.

3.

The facts of the case are that the marriage between the petitioner and the respondent was solemni zed on IO.|I.2olg. After the marriage, the disputes arose between them, as such, the respondent-husbaad frled H.M.O.p.No.183 of 2022, under Section 13 (i) (ia) of Hindu Marriage Act, 1956, seeking dissolution of marriage, arrd the same is pending on the file of the learned Senior Civil Judge_cum_Assistant Sessions Judge, Sangareddy

SI(S J Tr.C.M.P. No.257 of 2023 4.

Learned counsel for the petitioner submitted that the petitioner is unemployed, residing in her parents'house at L.B. Nagar and she has to take care of her father who is aged 77 yea-rs having many ailments including cardiac problems. Learned counsel further submitted that her father requires continuous check-up and treatment and she wants to take care of her ailing parents and there is a risk in attending the hearings in the O.P. at Sangareddy and she cannot meet the expenses to attend the Court along with some other companion. It is further submitted that her husband is working in the office of Algorics at Habsiguda, Hyderabad, although if he works from home, still it will not be. difficult to him to attend the case filed by him. As such, prayed the Court to transfer H.M.O.P.No.183 of 2022 from learned Senior Civil Judge-cum-Assistant Sessions Judge, Sangareddy, to the file of the learned Judge, Family Court, Ranga Reddy District at L.B. Nagar.

5.

Having regard to the submissions made by the learned counsel for the petitioner and having gone through the petitioner-wife is material available on record, as the unemployed and she is depending on her parents and she has -- d>'f -

Tr. C. M. P. No. 2 57 of 2O2 3 to take care of her old aged parents and her father requires regular check-up and treatment, this Court deems it appropriate to transfer H.M.O.P.No.183 of 2022 from the hle of the learned Senior Civil Judge-cum-Assistant Sessions Judge, Sangareddy, to the file of the learned Judge, Family Court, Ranga Reddy District at L.B. Nagar.

6.

Accordingly, the Transfer Civil Miscellaneous Petition is allowed. H.M.O.P.No.l83 of 2022 stands transferred from the file of the learned Senior Civil Judge-cum-Assistant Sessions Judge, Sangareddy, to the hle of the learned Judge, Family Court, Ranga Reddy District at L.B. Nagar. The Court concerned is hereby directed to transmit the entire case file relating to H.M.O.P.No.183 of 2022, aJiter 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 as to costs.

Pending Miscellaneous Applications, if any, shall stand closed.

SD/- K. AMMAJI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER \ To,

1. The Senior Civil Judge -cum- Assistant Sessions Judge, Sangareddy.

2. The Family Judge, Ranga Reddy District at L.B.Nagar.

3. One CC to SRl. I/AHADEV ANYARAMBHATLA Advocate IoPUCI .,. -\

4. iwo Cti Copies \Xr'-

HIGH COURT DATED:.1411212023 i;:i;+>\ I e 1t{

ORDER

q 7o .L 1E tEB 2024 TRCMP.No.257 ot 2023 't t * or*.s pATc ALLOWING THE TRANSFER C.M.P.

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