Karli Shruthi Alias B. Shruthi v. Karli Raghavendra

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR ,i * *.i,L, fi Effi* .?. - i.i'rli ltt :

,' t PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA TRANS. CIVIL MISC.PETITION NO: 359 OF 2023 , i.

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Karli Shruthi @ B. Shruthi, w/o. K. Raghavendra, Aged 30 years, Occ. Housewife,j, Fl/o. H.No. 8-38/5, Mythripuram, Karmanghat, Saroornagar, Rangareddy District' ...PET]TIONER AND Karli Raghavendra, S/o. Late K. Venkat Ramulu' Aged about 35 years, Occ. Private Service, Rl/o. H. No. 1 -7 -45 lB, Bapunagar, Narayanpet-5O92 1 0, ...RESPONDENT T ,ir'{ ,t t'

;i, Petition Under Section 24 of lhe C.P.C. Praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to transfer the H.M.O.P.No. 42 ot 2023 presently pending on the file of Court of Senior Civil Judge, Narayanpet to the Court of Judge, Additional Family Court, Rangareddy District at L.B. Nagar.

lA NO: 1 OF 2023 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. 42 ot 2023 presently pending on the file of Court of Senior Civil Judge, Narayanpet, pending disposal of the Tr.C.M.P. 3T i Counsel for the Petitioner: SRI E. VENKATA REDDY Counsel for the Respondent: SRI A. SUDHAKAR (NOT PRESENT) The Court made the following: ORDER !

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THE HONOURABLE SMT. JUSTICE K. SUJANA Tr.C.M.P.No.359 OF 2023 ORDER:

This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, by the petitioner, who is the wife of the respondent, seeking to transfer H.M.O.P.No.42 of 2023 pending on the file of the learned Senior Civil Judge, Narayanpet, to the file of the learned Judge, Additional Family Court, Ranga Reddy District at L.B. Nagar.

2.

Heard Sri E.Venkata Reddy, learned counsel for the petitioner. Though notice served upon the respondent, none appeared on his behalf.

3.

The facts of the case are that the marriage between the petitioner and the respondent was solemnized on 2S.II.2016. After the marriage, the disputes arose between them, as such, the petitioner registered a case in Crime No.18 of 2022 on tlrre file of the Women Police Station, Rachakonda for the offences punishable under Sections 498(,{), 323 and 506 of the Indian Penal Code, 1860, Sections 3 and 4 of Dowry Prohibition Act and the same was numbered as C.C.No.1O75 of 2022, pending on the file of learned III Additional Metropolitan Magistrate, Ranga Reddy District at L.B. Nagar. Petitioner has no other

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s-I(S" J Tr.C. M.P. No. 3 59 oI 2023 source of income, as such, she filed M.C.No. 172 of 2023 on the file of the learned Judge, Additional Family Court, Ranga Reddy District at L.B. Nagar. Respondent-husband filed H.M.O.P.No.42 of 2O23, seeking dissolution of marriage, against the petitioner, pending on the file of the learned Senior Civil Judge, Narayanpet District and all the cases are pending for adjudication.

4 .

Learned counsel for the petitioner submitted that the petitioner is unemployed and residing at her parents' house at Karmanghat, Hyderabad ald has no other source of income to travel more than 17O kms from Hyderabad to Narayanpet on each and every date of adjournment in H.M.O.P.No'42 of 2023. Learned counsel further submitted that if the said H.M.O.P is transferred from Narayanpet to Hyderabad, no prejudice will be caused to the respondent-husband. Therefore, prayed this Court to transfer H.M.O.P. No.42 of 2023 to the learned Judge, Additional Family Court, Ranga Reddy District at L.B.Nagar5. Having regard to the submissions made by the learned counsel for the petitioner and having gone through the material available on record, the petitioner-wife is unemployed and she is depending on her parents, it is difficult to travel from Hyderabad to Narayalpet on each and every date of

.SK.S, J Tr.C.M P.No.ss9 of2023 adjournment. Petitioner-wife filed Criminal Case and M.C at Ranga Reddy District at L.B.Nagar and the respondenthusband is attending the said cases at L.B.Nagar, since, this Court deems it appropriate to transfer O.P.No.42 of 2023 from the learned Senior Civil Judge, Narayanpet to the learned Judge, Additional Family Court, Ranga Reddy District at L.B. Nagar.

6.

Accordingly, the Transfer Civil Miscellaneous Petition is allowed. H.M.O.P.No.42 of 2023 stands transferred from the learned Senior Civil Judge, Narayanpet to the learned Judge, Additional Family Court, Ranga Reddy District at L.B. Nagar. The Court concerned is hereby directed to transmit the entire case file relating to H.M.O.P.N o.42 of 2023, after duly indexed, within a period of One (1) 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 any, shall stand closed {'ii { SD/- P. PADMANABHA REDDY ASSISTANTFEGISTRAR ?

//TRUE COPY// SECTION OFFICER To,

1. The Senior Civil Judge, Narayanpet.

2. The Judge, Additional Family Court, Ranga Reddy District at L'B Nagar

3. One CC to Sri E. Venkata Reddy' Advocate [OPUC]

4. One CC to Sri A. Sudhakar, Advocate [OPUC] , 5. Two CD CoPies g\\keroriar t.

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ffi t,Slfi. p HIGH COURT DATED:2210112024 :l:

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ORDER

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* o aO PA t s c T i ALLOWING THE TR.C.M.P.

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