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High Court for State of TelanganaTRCMP/328/2024allowed no costs

K.Sai Sindhuri, v. M.Anil Kumar,

2024-10-16K. Sujana5 pages

[ 338s 1

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA TRANS. CIVIL MISC.PETITION NO: 328 OF 2024 Between:

K.Sai Sindhuri Wo. M.Anil Kumar, D/o. K.Venu Gopal, aged about 28 Occ Housewife, R/o. H. No.14 -1-15513, Parvat nagar, Flat No.137, Nagar, Near Community Hall, Allapur, Balanagar, l/oosapet, Hyderabad years, Tulasi ...PETITIONER AND M.Anil Kumar S/o. M. Pandu Rangaiah, Aged 35 years, Occ Software Employee, Rlo H.No.'1-19, Kothur Village, Bomraspet Mandal, Vikarabad District ...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 Transfer OP No. 129 of 2022 from the file of the Senior Civil Judge at Vikarbad, Vikarabad District to the court of the lll Additional District and Sessions Judge-cumPrincipal Family Court, Medchal-Malkajgiri District at Kukatpally.

lA NO: 1 OF 2024 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 OP No. 129 of 2022 from the file of the Senior Civil Judge at Vikarabad, Vikarabad District pending disposal of the Transfer CMP.

THE IIONOURABLE SMT. JUSTICE K. SUJANA Tr.C.M.P .No.328 oF 2024 ORDER:

This Transfer Civil Miscellaneous Petition is filed under Section 24 of ttre Code of Civil Procedure' 19O8' by the petitioner' who is the wife of the respondent, seeking the Court to transfer O.P.No. 129 of 2022 pending on the file of the learned Senior Civil Judge at Vikarabad, to the file of the learned III Additional District and Sessions Judge - Cum - Principal Family Court' MedchalMalkajgiri District at Kukatpally' The O'P'No '129 of 2022 was fi1ed by the respondent-husband under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955, seeking dissolution of marriage' 2.

The facts of the case are that the marriage between the petitioner and the respondent was solemnized on 29 '17 '2O2O at Majestic Garden, Near Bharath Nagar MMTS Railway Station' Erragadda, Hyderabad. After the marriage' they lead their marital life for some period and thereafter, disputes arose between them' as such, the respondent-husband Iiled O'P'No' 129 of 2022 on the file of the learned Senior Civil Judge at Vikarabad' 3.

Heard Sri N.Krishna Sumanth, learned counsel for the Though notice was served, none appeared on behalf of petitioner.

respondent.

,Sl(s, J Tr. C. M. P. No.328 of 2O24 4.

learned counsel for the petitioner would submit that the petitioner also filed two cases viz., unnumbered Crl.M.P in M.C.No.34 of 2O23 before the learned II Additional Family Court, Cyberabad at Kukatpally and D.V.C.No.37 of 2023 before ttre learned I Additional Junior Civil Judge - Cum - XII Additional Metropolitan Magistrate, Medchal Malkajgiri District at Kukatpally. He further submitted that the petitioner is residing with her parents at Hyderabad. He also submitted that distance between Hyderabad to Vikarabad is more than 110 Kms and she is not having any male support to accompany her to travel to Vikarabad, as such, it is difficult to attend the Court at Vikarabad. Hence, he prayed the Court to transfer O.P.No.129 of 2022 from the learned Senior Civil Judge at Vikarabad.

5.

Having regard to the submissions made by the learned counsel for the petitioner and gone through the material available on record, since it is difficult for the petitioner to travel from Hyderabad to Vikarabad, on each and every date of adjournment. Further the respondent herein attending MC and DVC cases in Kukatpally Court and marriage was also performed in Kukatpally Jurisdiction, this Court deems it appropriate to transfer O.P.No.129 of 2022, pending on the file of the learned Senior Civil Judge at Vikarabad, to the hle of learned III Additional District and Sessions

SI(S J Tr.C. M.P. No. 328 of 2024 Judge - Cum - Principal Family Court, Medchal-Malkajgiri District at Kukatpally.

6.

Accordingly, the Transfer Civil Miscellaneous Petition is allowed and O.P.No.129 of 2022 stands transferred from the file of the learned Senior Civil Judge at Vikarabad, to the file of the learned III Additional District and Sessions Judge - cum - Principal Family Court, Medchal-Malkajgiri at Kukatpally. The Court concerned is hereby directed to transmit the entire case file relating to O.P.No.129 of 2022, 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. There shall be no order as to costs' Pending Miscellaneous Applications, if anv, shall stand closed.

Sd/- K. AMMAJI ASSISTANT REGISTRAR ITRUE COPY// SE ON OFFICER To,

1. The Senior Civil Judge at Vikarbad, Vikarabad District i iii" rrr [aAitionat Oistriit and Selsions Judge-cum-Principal Family Court, Medchal-Malkajgiri District at Kukatpally.

: One CC to Sri N-Krishna Sumanth, Advocate [OPUC]

4. Two CD CoPies VFUgh

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, HIGH COURT DATED: 1611012024 .'i rtE :.,,, ,a\ c ) 'l 0 JAli 2025 t t sp.,\TCrrEo

ORDER

TRCMP.No.328 ot 2024 ALLOWING THE TR.CMP WITHOUT COSTS Y