Remanded

Palaparthi Bhargaviat Lakshmi Bhargavi v. Mr.Simhadri Gopal Reddy

Andhra Pradesh HC8 Jan 2024TRCMP/2/2024

Case brief

AI extract

What is this about?

The High Court set aside the rejection of a transfer petition by the Principal District Judge, Pradesham, regarding a Family Court case. The Court relied on its own precedents to direct the Principal District Judge to follow the ratio that Family Court cases can be transferred to another Family Court. The matter was remanded for fresh consideration.

What did the court decide?

Order dated 15.11.2023 set aside; matter remanded to the Principal District Judge for fresh consideration; interim stay vacated.

Palaparthi Bhargaviat Lakshmi Bhargavi… — Civil Procedure and Limitation | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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TUESDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR i

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PRESENT

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THE HONOURABLE SRI JUSTICE BANDARU SYAMSUNDER

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TRANS. CIVIL MISC.PETITION NO: 2 OF 2024

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Between:

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Palaparthi Bhargavi @ Lakshmi Bhargavi, W/o Mr. Simhadri Gopal Reddy, Age 30 Years. Hindu, Occ. House Wife, R/o. Kothapalem Village, Parchur Mandal, Prakasam District, A.P.

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...Petitioner AND

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Mr. Simhadri Gopal Reddy, S/o. Butchi Reddy, Age 34 Years, Hindu, R/o. Flat No.204, Srinivasa Residency Third Floor, Ramachandra Mission , M.M. Road, Ongole, Prakasam District, A.P.

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...Respondent

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Petition Under Section 24 of the C.P.C. is filed Praying^that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to withdraw the F.C.O.P. No. 134 of 2019 pending on the file of the Family Court Ongole, Prakasam district and transfer the same to Senior Civil Judge, Parchur, Prakasam district.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC is filed 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 proceedings in F.C.O.P. No. 134 of 2019 pending on the file of Family Court Ongole, Prakasam pending disposal of this Transfer Petition.

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Counsel for the Petitioner: SMT. AYESHA AZMA S

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Counsel for the Respondents: —

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The Court made the following Order:

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THE HON’BLE SRI JUSTICE BANDARU SYAMSUNDER TRANSFER CIVIL MISCELLANEOUS PETITION

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N0.2 OF 2024

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ORDER:

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I have heard learned counsel for the petitioner, Ms. S. Ayesha Azma.

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The petitioner filed petition under Section 24 of Code^ofCivil Procedure (in short C.P.C), seeking transfer of F.C.O.P^No.134 of 2019 on the file of Family Court, Ongole, Prakasam District to Senior Civil Judge Court, Ongole, Prakasam District.^Atthe first instance, the petitioner approached Principal District Judge, Prakasam at Ongole by filing transfer petition which was rejected by the learned Principal District Judge before registering the petition vide order dated 15.11.2023. A perusal of order passed by the learned Principal District Judge which shows that learned Judge is of an opinion that the matter pending before the Family Court cannot be transferred to Senior Civil Judge Court,^butitcan be transferred to another family Court. It appears^{thattheratiolaid} down by HonT)le single Judge of this Court in Kaligithi Priyanka

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Vs. Javudula Rajeev Ganghi in Tr.C.M.P No.58 of 2019 order dated 18.12.2019 followed by this Court in Tr.C.M.P^No.84of2023 order dated 19.06.2023 and Tr.C.M.P No. 378 of 2022 order dated

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BSSJ Tr.C.M.P.No.2 of 2024

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19.04.2023, not placed before the Principal District Judge for perusal. While considering the similar aspect, this^Courtrelied on the ratio laid down by this Court in V.Sailaja Vs. V.Koteswara Rao 2003 (1) ALD 673 held that when request of transfer of his/her matter either from Family Court or Court of ordinary civil jurisdiction conferred with matrimonial jurisdiction enjoying equal competence to entertain the petitions. The ratio laid down by this Court in P. Jaya Lakshmi vs. K.Ravichandran, not brought^tothe notice of learned Single Judge who rendered the Judgment in Chadradharamahantthi Venkata Maikya Prasuna vs. Chadradharamahantthi Venkata Rama Murthy and batch of cases 2019 (2) ALD 1 Single Bench, categorically held that, either Family Court or Court of ordinary civil jurisdiction conferred with matrimonial jurisdiction enjoying equal competence to entertain the petitions. This Court is with an agreement with decisions and ratio laid down by the Hon'ble Single Judge in K.Privanka case which is consistent view of Hon'ble Single Judges in two other cases referred, supra and preferred to rely on the observations made in K.Priyanka case referred supra than CVM Prasuna' s case referred above. Therefore, orders passed by learned Principal District Judge, Prakasam at Ongole are not sustainable. The learned Judge is directed to follow the ratio laid down by this Court

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3 BSSJ Tr.C.M.P.No.2 of2024

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in above referred decisions and dispose of the case. It is a fit case to remand matter to the Principal District Court, Prakasam at Ongole to consider the matter afresh.

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In the result, the orders passed by Principal District^Courtin on 15.11.2023 in Tr.O.P No.NIL of 2023 are hereby set^asideand quashed. The matter is remanded to learned Principal District Judge, Principal District Judge, Prakasam at Ongole for fresh consideration by following the ratio laid down by this^Courtinthe above referred decisions. No order as to costs.

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Consequently, miscellaneous petitions, if any, shall stand closed. The interim stay granted if any, shall stand^vacated.

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To,

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//TRUE COPY//

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SD/- K TATA RAO DEPUTY REGISTRAR SEcn^iNN OFFICER

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SEcn^iNN OFFICER

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The Family Court Ongole, Prakasam District.

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The Principal District Judge, Prakasam District.

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The Senior Civil Judge, Parchur, Prakasam District.

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Mr. Simhadri Gopal Reddy, S/o. Butchi Reddy, Age 34 Years, Hindu, R/o. Flat No.204, Srinivasa Residency Third Floor, Ramachandra Mission, M.M. Road, Ongole, Prakasam District, A.P.

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