Smt. Rakonda Sravanthi ,Mandala Sravanthi v. Rakonda Sai Baba
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYOERABAD THURSDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE SAMBASIVAR,AO NAIDU TRANS, CIVIL MISC.PETITION NO: 139 OF 2022 Between:
Smt. Rakonda Sravanthi @Mandala Sravanthi, W/o Rakonda Sai baba, aged 32 years Occ. house wife, R/o Babu camp, Kothagudem, Bhadradri Kothaludem Dist.
AND ...PET|TIONER/RESPONDENT Rakonda Sai Baba, S/o R. Narendar, Aged about 32 years, occ. pvt. Employee RJo H.No. 45-53511, Ground floor, Prashanth nagar, Siripuri mld, Lalapei, Secunderabad- 17 Presently residing at H.No.12-1-256, Krushinagar to Bandlaguda road, Behind GHMC community hall, GSI post, Bandlaguda, Ranga Reddy District S8 .,.RESPONDENT/PETITIONER 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 FC.O.P. No.14112022 which is pending on the file of learned Judge, Family Court, City Civil Court, Secunderabad to the learned Judge, Fimily Court, at Kothagudem,Bhadradri Kothagudem District.
lA NO: 'l OF 2022 Petition under Section 15'l of 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 FCoP No.14112022 which is pending on the fire of rearned Judge, Family Court, Secu nderabad.
This Petition coming on for hearing, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Sri M.V. Hanumantha Rao. Advocate for the Petitioner, and of Sri Kiranmayee Sandepudi, AdvocateGeing not presengfor the Respondent.
The Court made the following: ORDER l i i
THE HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU CIVIL MISC ous PETITION NO.139 0F 2022 ORDER:
No representation for the respondent, in fact, on IO.LO.2O22 learned counsel representing the respondent sought time for filing counter and at such request, the matter was adjourned to 26.10.2022. Again, a request was made on 26.10.2022 seeking time for filing counter. Though the matter is adjourned to today at the request of the respondent, none represented the respondent. 2.
Heard learned counsel for the petitioner.
3.
This petition has been liled by the petitioner/wife under Section 24 of the Code of Civil procedure, 1908 with a prayer to transfer F.C.O.p.No. l4l/2022 from the file of the Family Judge, city civil court, Secunderabad, to the file of the Judge, Family Court, Kothagudem, Bhadradri Kothagudem.
4.
As could be seen from the averments made in the ^ , affidavit filed in support of the present petition, it appears
that the marriage of the petitioner was performed with the respondent herein on 13.08.2022 at Kothagudem and her parents have paid sufficient dowry and other customary gifts to the respondent. She joined the respondent at Rampally, but subsequently, the respondent and his family members started harassing her for additional dowry. Later, the couple shifted to Secunderabad but the family members of the respondent used to visit the couple frequently and instigated the respondent to demand additional dowry. Thereby, in the month of June, 2021, he necked her out. It seems that the petitioner has {iled a complaint before the Chunchupally Police, basing thereon, a case in Crime No.3B/2O22 was registered against the respondent and his family members and that she has filed a case under the provisions of the Domestic Violence Act, 2OO5 and these cases are pending at Kothagudem. The petitioner states that the respondent filed F.C.O.P.No.14ll2022 under Section 9 of the Hindu Marriage Act, 1955 but he himself necked her out from their house and he liled the said petition only to harass her.
-) 5.
The petitioner further submitted that she is not having any source of income and purely depending upon the earnings of her parents. Therefore, if she is asked to prosecute the said F.C.O.P. filed by the respondent at Secunderabad, she need to travel all the way from Kothagudem to Secunderabad but she cannot travel such a long distance without the assistance of any family member. She is not in a position to afford the expenses. Therefore, it would cause hardship to her both physically and financially. Thereby, she prayed for transfer of F.C.O.P.No.14l /2022.
6.
In the light of the circumstances narrated supra, it unfolds that the petitioner is residing at the house of her parents and she filed criminal case and DVC case against the respondent and his family members.
7 .
l,earned counsel for the petitioner has submitted that having necked out the petitioner from their house, the respondent only to harass the petitioner herein filed petition under Section 9 of the Hindu Marriage Act, 1955 without any actual intention to take the petitioner into his fold.
8.
Learned counsel for the petitioner has rightly pleaded that the petitioner, who is not an employee and purely depending on her parents, has to travel all the way from Kothagudem to Secunderabad, which involves financial hardship, apart from, physical strain.
9.
Considering the circumstances explained in the accompanying affidavit filed in support of the petition and the submissions made by learned counsel for the petitioner, this Court feels that there are sufficient grounds to transfer the said F.C.O.P. as such this petition is liable to be allowed
10. In the result, the petition is allowed. As a consequence thereof, F.C.O.P.No.14l/2022 on the file of the Family Judge, City Civil Court, Secunderabad, is withdrawn and transferred to the file of the Family Judge, Kothagudem, Bhadradri Kothagudem District.
The concerned Court is hereby directed to transmit the entire case file, after duly indexed, within two weeks from the date of receipt of this Order, under the intimation to the other side.
Pending miscellaneous applications, if any, shall stand closed. No costs.
SdAG.SIREESHA ASSITANT REGISTRAR //TRUE COPY// W ION OFFICER SECT To,
1. The Judge, Family Court, City Civil Court, Secunderabad.
2. The Judge, Family Court, at Kothagudem, Bhadrachalam, Kothagudem District.
3. One CC to Sri M V Hanumantha Rao, Advocate [OPUC]
4. One CC to Sri Kiranmayee Sandepudi, Advocate [OPUC]
5. Two CD Copies plp {
HIGH COURT DATED:1 011112022 111? S-l4T€ ) 2B IIN c LJ 7t73
ORDER
\ TRGMP.No.139 of 2022 l ALLOWING THE TRCMP WITHOUT COSTS &t'\D @ o