Smt. Seri Sai Priya v. Mr. P. Nithin Reddy

134421 rN rHE l1.tGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA OF Between Smt. Seri Sai Priya, Wo P. Nithin Reddy Aged 30 years occ. Pvt. Service R/o. H.No.8-1 -78110, Jagadamba Colony, Teachers Colony, Mahaboobnagar. ... Petitione r/Respondent AND lvlr. P. Nithin Reddy, S/o P. Muralidhar Reddy Aged 33 years occ. Pvt. Employee R/o. H.No . 4-22111A, Bahadurpally. Dindigal (Mandal) Medchal Malkajgiri District.

... Res pondenUPetitioner 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 FCOP.No.18112025 which is pending on the file of learned Judge, ll Additional Family Court, Medchal, Medchal Malkajgiri District to the learned Judge, Family Court, Mahabubnagar.

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 FCOP No.181 oI 2025 on the file of Judge, ll Additional Family Court Medchal, Medchal Malkajgiri District, pending disposal of the main Tr. CMP in the interest of justice.

Gounsel for the Petitioner: SRI M.V.HANUMANTHA RAO Counsel for the Respondents: SRI AKKAM ESHWAR The Court made the following: ORDER

t.- THE HON'BLE SMT. JUSTICE RENUKA YARA Tr.C.M.P.No.3OO of 2O25 OtiDTsTi:I Heard Smt. Sai Priya, learned counsel for the petitioner ernd Sri Akkam Eshwar, learned counsel for the respondent. Perused the record.

2.

This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 19O8, by the petitioner to transfer F.C.O.P. No. 181 of 2025 pending on the file of the learned Judge, II Additional Family Court, Medchal Malkajgiri District, to the file of learned Judge, Family Court, Mahabubnagar.

3.

Learned counsel for the petitioner represented that the petitioner-wife filed the present Tr.C.M.P. seeking transfer of F.C.O.P. No. 181 of 2025 on the two grounds. One is the inconvenience to be faced and the other is threat to her life whenever she attends the proceedings in F.C.O.P. No. 181 of 2025 at II Additional Family Court, Medchal Malkajgiri District.

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RY,J Tr.C.M.P_3OO_2025 4.

Learned counsel for the respondent argued that there is no material filed to establish that there is threat to the safety and security of the petitioner-wife while attending the proceedings in F.c.o.P. No. 181 of 2o2s at II Additional Family court, Medchal Malkajgiri District. He further represented that inconvenience faced by the petitioner-wife to defend her case in F.c.o.p at Medchal Malkajgiri District, may be considered subject to dispensing with the presence of the respondent before the concerned Family Court . 5.

Having regard to the rival representation made b.v both the parties, it is seen that the transfer of matrimonial disputes is decided on the basis of the convenience of the wife to prosecute or defend her case. There are catena of judgments for prosecution of matrimonial cases in jurisdiction.of wife's residence. The convenience of the wife is to be preferred over the convenience of husband and since the distance between the Medchal Malkajgiri District and Mahabubnagar is considerable, the relief sought by the petitioner-wife is granted by transferring F.c.o.p. No. 181 of 2025 from the file of learned Judge, II Additional Family /

RY,J Tr.C.M.P_3OO__2025 court, Medchal Malkajgiri District, to the f,rle of the learned Judge, Family Court, Mahabubnagar.

6.

Accordingly, the Transfer civil Miscellaneous petition is allowed. The F.c.o.p. No. 1g1 of 2o2s stands transferred from the file of the learned Judge, II Additional Family court, Medchal Malkajgiri District, to the fite of the learned Judge, Family court, Mahabubnagar. The court . concerned is hereby directed to transmit the entire case file relating to F.c.o.P. No.18l of 2o2s, after duly indexed, within a period of one (o1) month from the date of receipt of a copy of this order, under intimation to the other side. Further, the appearance of the petitioner before the concerned Family court is dispensed with unless his presence is specificalry required during the course of trial, subject to the condition of petitioner being represented by his counsel on every date of hearing. There shall be no order as to costs. Miscellaneous petitions, if ?Dy, pending in this petition, shall stand closed.

Sd/. U. SUDHA ASSISTANT REGTSTRAR /TRUE COPY/ SECTION OFFTCER The Judge, ll Additional Family court Medchal, Medchal Malkajgiri District.

To, ? The Judge, Family Court, Mahabubn agar.

3. one cc to sri fi4.V.Hanumantha Rao,-Advocate [opUC]

4. One CC to SriAkkam Eshwar, Advocate [OPUC]'

5. Two CD Copies NVB&am % r

HIGH COURT DATED:1710912025 :=--- " ,4:". -: ,.\ o e 6-ii:.:

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r=l.l o l(-) azt TRCMP.No.30 ot 2025 t L .'* 1.

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'.\_ ALLOWING THE TR.C.M.P.No.300 OF 2O2s rl