Smt.Battu Shilpa Rani v. Pillamula Mahender
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY ,THE TWENTY SIXTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY TRANSFER CIVIL MISCELLANEOUS PETITION NO: 't25 OF 2022 Between:
Smt.Battu Shilpa Rani, Wo Pillamula Mahender, D/o Battu Rajaiah, - Age. 29 Years, Occ. Household, R/o H.No.10-14-1391, Anand Nagar Colony, Near Forest Office, Nizamabad, Nizamabad District ...PETITIONER AND Pillamula Mahender, S/o P.Limgam, Age. 31 years, Occ. Service, R/o H.No.5B/82, Sri Ram Nagar, Near Shivalayam, HMT Chintal, Qudbullapur Mandal and Municipality, Medchal Malkajgiri District, Hyderabad. ...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 the F.C.O.P.No.142 of 2022 on the file of XVI Additional District Judge Cum Additional Family Court R.R.District, At Malkajgiri and transfer to the file of Family Judge Court, Nizamabad.
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 stay all further proceedings of the F.C.O.P.No.142 of 2022 on the file of XVI Additional District Judge Cum Additional Family Court R.R.District, At Malkajgiri pending the present transfer petition. This Petition coming on for hearing, upon perusing the Petition and the affidavit file in Support thereof and upon hearing the arguments of SRI N SRUSHMAN REDDY, Advocate for the Petitioner and None Appeared for the Respondent.
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE A.VENKATESHWARA REDDY TRANSFER CIVIL MISCELLAN EOUS PETITION NO.125 0F 2022 ORDER:
Heard learned counsel for the petitioner. perused the record along r.r,ith the reports filed wherein and where under on the undelivered postal cover it is endorsed as 1eft, and whereas, as per report of postal track consignment it is reported as "addressee moved". On verification of address found in the cause title in FCOP No.142 of 2022 and that is found on the returned undelivered postal cover, it is found that they are one and the same. Accordingly, it is treated as a constructive service of notice on the respondent, who called absent without representation and accordingly, he is set ex-parte. 2.
This Transfer Civil Miscellaneous petition is filed under Section 24 of Civil procedure Code (for short .CpC) by the petitioner/wife against her husband/respondent herein with a prayer to withdraw FCOp No.142 of 2022, pending on the lile of the XVI Additional District Judge-cum-Additional Family court, Ranga Reddy District at Malkajgiri and to transfer the same to the Court of the Judge, Family Court, Nizamabaci.
AVR,J I r.CMP 125 1022 -) 3.
Perused the averments of affidavit fited in support of this petition. It is mentioned in paragraph No.3 of the affidavit that the petitioner is carrying eight months' pregnancy and that she has one year otd child. Even in the cause title of FCOP No.142 of 2022 her address is mentioned as Anand Nagar Colony, near Forest Oflice, Nizamabad. Therefore, considering the scheme of Hindu Marriage Act, precisely Section l9(iii)(a) of Hindu Marriage Act, convenience of wife and minor children, provisions of Section 24 of CPC,I find some justification in the request of the petitioner for withdrawal of FCOP, pending on the file of the XVI Additional District Judge-cum-Additional Family Court, Ranga Reddy District at Malkajgiri and to transfer the same to the Court of the Judge, Family Court, Nizamabad. 4.
In the result, this Transfer Civil Miscellaneous Petition is allowed, FCOP No.142 of 2022, pending on the file of the XVI Additional District Judge-cum-Additional Family Court, Ranga Reddy District at Malkajgiri is ordered to be withdrawn and transferred to the Court of the Judge, Famiil' Court, Nizamabad for disposal in accordance with law. Learned XVI Additional District Judge-cum-Additional Family Court' Ranga
AVR.J 'fr.CMP l15 l02l :) Reddy District at Malkajgiri shall transmit entire records in FCOP No. 142 of 2022, duly indexed, to the Court of the Judge, Family Court, Nizamabad, r,ithin one month from the date of receipt of copy of this order. In the circumstances of the case, there shall be no order as to the costs. As a sequel, miscellaneous petitions if ar-ry, pending in this Tr.CMP, shall stand closed.
SD/.M.MANJULA DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER \ The XVI Additional District Judge-Cum-Additional Family Court' R'R'District at To, Malkaigiri.
2. il; Ji.,ts" FamilY Court Nizamabad'
3. one CC to SRI N SRUd;iilAN niooY' Advocate' [oPUC] a. Two CD CoPies
5. One SPare CoPY SB "./
HIGH COURT DATED:2610712022 "{ \i l.{ u 2 At]E ?tr-DORDER TRCMP.N o.125 ol 2022 I ALLOWING THE TRCMP WITHOUT COSTS \