Smt. Kamuni @ Madaboi Sumalatha v. Kamuni Rajesh
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA TRANS. CIVIL MISC.PETITION NO: 276 OF 2025 Between:
Smt. Kamuni @ Madaboi Sumatatha, w/o Kamuni Rajesh, d/o. Madaboi Devanna, aged about 35 years, occ. PGCRT Economics in KGB Vidyalayam, Jakranpally, r/o. H.No.6-61 , Boigally, Nandipet Village, Nandipet Mandal, Nizamabad District503212. PETITION ERYRESPONDN ET AND Kamuni Rajesh, s/o. late Ramulu, aged 38 years, Occ. Judl. Employee, R/o. H.No. 3-2-10, Boigally, Siddipet Town and District-s02103. 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 H.M.O.P.No.
94 oI 2025 on the file of the Honble Principal Senior Civil Judge, at Siddipet to any Court at Nizamabad District lA NO: 1 OF 2025 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 H.M.O.P.No. 94 of 2025 On the file of the Hon'ble Principal Senior Civil Judge, at Siddipet, pending disposal of the transfer C.M.P. Counsel for the Petitioner SRI.
ry THE HON'BLE IUSTICE SMT. RENUKA YARA TRANSFER CIVI MISCELLANE,OUS PETITION No.276 of 2425 ORDER:
This Transfer Civil Miscellaneous Petition is filed under Section 24 of cPC seeking transfer of H.M.o.P.No.94 of 202]!5 pending on the fite of the Principal Senior Civil Judge at Siddipet to any Court at Nizamabad District.
2.
Hearcl sri K. Durga Prasad, learned counsel for the petitioner and Sri K. Ravikanth, learned counsel for the respondent. Perused the record.
3.
The reasons cited for transfer are that the employment of the petitioner is at Nizamabad and distance between Siddipet and Nizamabad in travelling is causing inconvenience' 4.
A perusal of the record consisting of counter and the accompanying documents show that there was an understanding between the parties to settle the matter amicably in the year 2A22 and pursuant to said Agreement, the respondent herein paid an amount of Rs.8,60,000/- under Memorandum of understanding dated Og.05.2O22. Upon receipt of said amount, the petitioner herein was under obligation to cooperate with the respondent to file a petition
seeking divorce with mutual consent in Courts at Siddipet. For reasons best known to the parties, after receipt of amount of Rs.8,60,000/ -, the petitioner herein did not file the divorce O.P in the Courts at Siddipet. After lapse of three years, the respondent filed H.M.O.P seeking divorce in the Court of the Principal Senior Civil Judge at Siddipet. Thereafter, the petitioner filed the present Tr.C.M.P. seeking transfer of H.M.O.P. from Sicldipet to the Courts at Nizamabad. The fact of attempts of settlernent in the year 2022, execution of Memorandutn of understanding dated 09.05.2022 and receipt of Rs.8,60,00A/- are not mentioned in the affidavit of this Transfer C.M.P.
5.
In view of the agreement between the parties, since the petitioner herself agreed to prosecute the c{ivorce O.P. in the Courts at Siddipet, this Court does not see any reason to transfer H.M.O.P at this juncture.
6.
In the result, the Tr.C.M.P is dismissed. It is made clear that this Court has not expressed any opinion about the merits of the H.M.O.P and the learned Trial Court may decide the H.M.O.P on merits. There shall be no order as to costs.
aJ Pending miscellaneous applications, if any, shall stand closed. SD/. B.REKHA RANI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Senior Civil Judge at Siddipet.
2. One CC to SRl. K DURGA PRASAD Advocate IOPUC]
3. One CC to SRl. RAVIKANTH KAdvocate [OPUC]
4. Two CD CoPies a TL/PSL
,f HIGH COURT DATED:1611012025 is i) I I ,i, 22 tic * I
ORDER
TRCMP.No.276 of 2O25 DISMISSING THE TRANSFER C.M.P.
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