Smt M Sunandini Vs T Anilkumar Reddy

SMT M SUNANDINI, W/O T.ANILKUMAR REDDY, D/O M.NAGI REDDY, AGED 27 YEARS, HINDU, R/O H.NO. 17-831-A3, TILAKNAGAR, GUNTAKAL, ANANTHAPUR DISTRTICT. C/O K.LOKESWAR REDDY, ADVOCATE, KURNOOL

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...PETITIONER

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AND

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T ANILKUMAR REDDY, S/o Satyanarayana Reddy, Aged 29 years, Hindu, Soft ware Engineer, Yemmiganur Town, Kurnool district.

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...RESPONDENT

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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 topleased to transfer HMO.P.No. 89/2021 on the file of Hon'ble Senior Civil Judge, Adoni( In the court of the Matrimonnial Jurisdiction) to Senior Civil Judge court, Guntakal or any nearby town or such other court around Guntakal and grant

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IA NO: 1 OF 2025

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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 pleased to condone the delay of 68 days in representing the

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Tr.C.M.P.No.376 of 2025 filed against all further proceedings in HMO.P.No. 89/2021 on the file of Hon’ble Senior Civil Judge, Adoni pending disposal of the above Transfer CM.P. and grant such other relief to the petitioner as may be deemed just and necessary in the interests of justice, in the interest of justice and to pass

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IA NO: 2 OF 2025

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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 pleased to stay all further proceedings in HMO.P.No.89/2021 on the file of Hon’ble Senior Civil Judge, Adoni, pending disposal of the above Transfer CM.P. and grant

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Counsel for the Petitioner:

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1.KASA JAGANMOHAN REDDY

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Counsel for the Respondent:

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1.SAI GANGADHAR CHAMARTY

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The Court made the following:

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THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.376 of 2025

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ORDER:

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The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908 (for short, ‘the C.P.C.’), seeking transfer of H.M.O.P.No.89 of 2021, on the file of the learned Senior Civil Judge, Adoni, to the file of learned Senior Civil Judge, Guntakal, for trial and disposal.

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The case of the petitioner in brief is as follows:

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i. The petitioner is the legally wedded wife of

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the respondent/husband, and their marriage was solemnized on 27.11.2020 at Namala Seth

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Kalyana Mandapam, Guntakal, as per Hindu

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rites and customs. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents’ house at Guntakal. The petitioner further pleaded that she got admission in MBA Global Business Administration with placement Course at London in 2022, which will conclude by June 2026.

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ii. The petitioner/wife further pleaded that, with

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a view to cause inconvenience to her, the

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respondent/husband filed H.M.O.P.No.89 of

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2021, on the file of learned Senior Civil Judge,

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Adoni, under section 12 of the Hindu Marriage Act, 1955, for declaring the marriage between

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the petitioner and respondent as null and void, and the same is also pending for adjudication.

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Learned counsel for the respondent would contend that the petitioner herein is not residing in India and is currently residing in London. He further submits that if the petitioner returns to India, he has no objection, to transfer the case to the Court of the learned Senior Civil Judge, Guntakal. He would also contend that the respondent herein instituted H.M.O.P. No.89 of 2021 before the learned Senior Civil Judge, Adoni, under Section 12 of the Hindu Marriage Act, 1955, and due to the non-availability of the petitioner herein, the proceedings of the case in H.M.O.P.No.89 0f 2021 are stalled without any progress and that a time limit may be fixed on the transferee Court for disposal of the case on merits.

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Learned counsel for the petitioner would contend that the petitioner herein returned from London and she is currently residing at her parents’ house in Guntakal and it is very difficult for her to travel to attend the case proceedings filed by the respondent/husband before the Court at Adoni without any male assistance, and that she was

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constrained to file the present petition against the respondent/husband, seeking transfer of H.M.O.P.No.89 of 2021, on the file of learned Senior Civil Judge, Adoni, to the file of the learned Senior Civil Judge, Guntakal, for trial and disposal of the same.

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Heard both sides counsel on record.

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Perused the material available on record.

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The material on record prima facie goes to show that, due to the matrimonial disputes between both parties, the petitioner/wife has been currently residing with her parents in Guntakal. The material on record further discloses that the respondent/husband herein has instituted a petition against the petitioner/wife vide H.M.O.P.No.89 of 2021, on the file of learned Senior Civil Judge, Adoni, under section 12 of the Hindu Marriage Act, 1955, seeking to declare the marriage between the petitioner and respondent as null and void and the same is pending for adjudication.

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The petitioner herein is seeking the transfer of H.M.O.P.No.89 of 2021, on the file of the learned Senior Civil Judge, Adoni, to the file of learned Senior Civil Judge, Guntakal. It is observed that there is no Senior Civil Judge Court at Guntakal and the Court of Senior Civil Judge, Gooty is nearer to the place of Guntakal. At this stage both the learned counsel on record submitted that the H.M.O.P.No.89 of 2021 may be transferred to the learned Senior Civil Judge, Gooty. On

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considering the submissions made by the learned counsel on record without going into the merits or demerits in the present petition, this Court is inclined to transfer H.M.O.P.No.89 of 2021, to the Court of the learned Senior Civil Judge, Gooty. In view of the submission made by the learned counsel for the respondent, I am of the considered view that, it is desirable to fix a time limit on the transferee Court, i.e., the learned Senior Civil Judge, Gooty, to dispose of H.M.O.P.No.89 of 2021 within two (2) months.

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With the above observations, this Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.89 of 2021, on the file of the learned Senior Civil Judge, Adoni, is hereby withdrawn and transferred to the file of the learned Senior Civil Judge, Gooty. The learned Senior Civil Judge, Adoni, shall transmit the entire case record in H.M.O.P.No.89 of 2021 to the file of the learned Senior Civil Judge, Gooty, duly indexed, as expeditiously as possible, preferably within a period of two (2) days from the date of receipt of communication from the Registrar (Judicial). Both parties are directed to appear before the learned Senior Civil Judge, Gooty, on 09.03.2026 at 10.30 A.M. The transferee Court, i.e., the learned Senior Civil Judge, Gooty, is hereby directed to dispose of the matter within a period of two (2) months from

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the date of appearance of the parties. There shall be no order as to costs.

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The Registrar (Judicial) is hereby instructed to send a copy of this order through e-mail to the concerned Unit Heads, i.e., the Principal District Judges of Ananthapuram District and Kurnool District, and to communicate the same to the concerned Courts forthwith, without any delay.

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As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed.

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_______________________________ JUSTICE V. GOPALA KRISHNA RAO

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Date: 27.02.2026 Issue CC today B/o. MH

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THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO

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