Mr. Thamalapakula Gnaneshwari , Anitha v. Mr. Thamalapakula Rambabu

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY ,THE SIXIH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE SAMBASIVARAO NAIDU TR.C.M.P.NO: 432 OF 2022 Between:

Mr. Thamalapakula Gnaneshwari , Anitha, W/o. Thamalapakula Rambabu, D/o. Shiva Tharakeshwara Rao, aged 25 years, occupation. Software engineer in Cap Gemini, R/o. H.No.2- 1-2213019, Krishnaveni Nagar Colony, Pragathinagar Road, Shamshiguda, Kukatpally, Medchal - Malkajgiri District ..,PETITIONER AND Mr. Thamalapakula Rambabu, S/o. Narsaiah, Aged.30 years, Occupation. Processing Engineer in Reddys Lab, Rl/o. H.No.2-77, Komarabanda Village, Kodad Mandal, Suryapet 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 the O.P.No.43 of 2022 from the Court of Senior Civil Judge at Huzurnagar to the Family Court, Medchal-Malkajgiri District, at Kukatpally. lA NO: 1 OF 2022 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 O.P.No.43 of 2O22 before the Cou( of Senior Civil Judge at Huzurnagar, pending the above Transfer C.M.

PlA NO: 2 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 Suspend the operation of the order passed by this Hon'ble court in Transfer CMP No. 432 of 2022, dated '15.06.2023 lA NO: 3 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 grant stay of all further proceedings in O.P. No.

Judge, Huzurnagar, in the interest of justice, as otherwise Petitioner would be put to irreparable loss and injury.

Counsel for the Petitioner : SRl. J.PRADEEP KIRAN Counsel for the Respondent : SRI VELMULA BHARATH KUMAR The Court made the following: ORDER

/ HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU TR.C.M.P.NO.432 of 2O22 t

ORDER

This is a petition fil€d by the petitioner/wife against the respondent/husband under Section 24 of C.P.C. with a prayer to transfer O.P.No.43 of 2022 filed by the respondent before the Senior Civil Judge, Huzurnagar to Family Court, Medchal, Malkajgiri.

2.

As could be seen from the averments made in the affidavit filed in support of the petition, even as per the contentions raised by the respondent, the petitioner is wife of the respondent. They have got one son and in view of the disputes between the couple, the respondent deserted the petitioner herein and subsequently filed OP.No.43 of 2022 before the learned Senior Civil Judge, Huzurnagar under Section 13(1) (ia) of Hindu Marriage Act seeking divorce. The petitioner while filing the above said Transfer C.M.P. had submitted that she is a resident of Shamshiguda, Kukatpally, Medchal Malkajgiri District. If she has to attend the Court of Senior Civil judge, Huzurnagar for contesting the divorce petition, she needs to travel more than

) ssRN.l Ir.CMP. No.432 of 2022 6 hours. She had no funds and she cannot affo rd the journey and sought for transfer of the petition.

3. The respondent opposed the petition on various grounds. This Court after hearing both porties dismissed the petition by order dated 15-06-2023, however, with an observation that the petitioner need not attend the Court at Senior Civil Judge, Huzurnagar for all the dates of hearing except when her presence is specifically required and with a direction to the respondent/husba nd to pay the necessary charges whenever the petitioner and her attendant if any attend the Court at Huzurnagar. 4.

Subsequently, the petitioner filed Review Petition vide IA.No.1 of 2023 under Section 114 C.P.C. r/w Order 47 Rule 1 C.P.C. seeking review of the order on the ground that while arguing the case, the learned counsel for the respondent also reported no objection for transfer of the.case but the same was escaped the attention of the Court while disposing the Tr.C.M.P.No.432 of 2022 and also on the ground that there are other matters including a DVC case filed by the petitioner pending before the Court, Medchal, Malkajgiri and there may not be any trouble for the respondent even if the divorce case is tra nsferred to Family Court at Malkajgiri.

/,/ 5SRN,I Tr.CMP. No.432 of 2022 5.

The above said Review Petition has been aliowed after enquiring whether the respondent has got any objection for transfer of the divorce petition and as he reported no objection. Considering the fact that there is an apparent error in the earlier order, the review petition has been allowed.

6.

Heard both parties.

7.

Now the point for consideration is :

Whether the request of the petitioner to transfer OP,No.43 of 2022 can be transferred from Huzurnagar, Medchal Malkajgiri at Ku katpa lly?

B. As could be seen from the material placed before the Court, there is no dispute about the relationship between the parties. It also appears that the petitioner herein filed criminal proceedings against the respondent vide CC.No.6243 of 2022 for the ofFence under Section 498(4) of Indian Penal Code and a case under the provisions of Domestic Violence Act vide DVC No.12 of 2022 and both the cases are pending on the file of Metropolitan Magistrate, Kukatpally. The respondent has filed OP.No.43 of 2022 under Section 13(1Xia) of Hindu Marriage Act and sought for divorce. As already stated in the previous paragraphs, the petitioner has claimed that she cannot afford the journey which

ssRN.t Ir.cMe No.432 ol 2O22 requires more than 6 hours to attend the Court at Huzurhagar apart from bearing expenditure that would be incurred. In the previous order, the petitioner was allowed not to attend the Court for lll the hearings. However, in view of the specific representations made by the learned counsel for the respondent, on instructions fro i-n the client and as the other criminal proceedings are pending at the Courts of Kukatpally, for the sake of convenience of both parties and also to afford the charges for expedite disposal of the cases, the request oF the petitioner can be considered.

9.

In the result, the Tr.C.M.P.No.432 of 2022 is allowed. The O.P.No.43 of 2022 is transferred from the Court of Senior Civil Judge, Huzurnagar to the Family Court, Medchal Malkajgiri at Kukatpally. The learned Senior Civil .ludge, Huzurnagar is directed to transfer the entire record in O.P.No.43 of .2022 by duly indexing the same within two (2) weeks from the date of receiving the order under due intimation to both parties.

Consequently, Miscellaneous applications if any, are closed. No costs.

SDI P. GOWRI SHANKAR ASSISTANTt.2r*.

//TRUE COPY// SECI'ION OFFICER \ To, l The Senior Civil Judge at Huzurnagar i. fhe .fuOge, Family Court, Medchal-Malkajgli Djslrict' at Kukatpally

5. On" CCio Sri J.Piadeep Kiran, Advocate (OPUC) - ;. 6n; cc io Sri Velmula bharath Kumar, Advocate (OPUC)

5. Two CD CoPies --,2'

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HIGH COURT DATED:0611112023 tt E STA}e ( q [ 6 riB 202[ )..

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ORDER

TR.C.M.P.No.432 of 2022 Allowing the Tr.C.M.P Without costs.

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