Allowed

Smt. Salvadi Sandhya Rani v. Salvadi Sunil Kumar

Telangana HC3 Dec 2021TRCMP/26/2020

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition to move a family court case from Secunderabad to Siddipet. Considering the petitioner's convenience and the scheme of the Hindu Marriage Act, the court transferred the F.C.O.P.No.586 of 2018 to be tried alongside another pending case. The respondent's application for a stay was dismissed.

What did the court decide?

FCOP.No.586 of 2018 withdrawn from Secunderabad and transferred to Senior Civil Judge, Siddipet to be tried alongside HMOP.No.10 of 2020. Record to be transmitted within one month.

Smt. Salvadi Sandhya Rani Vs Salvadi Sunil… — Civil Procedure and Limitation | Telangana HC (2021)

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,N THE H'GH COURTFOR

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or ribrf,lBllE^{oF TELANGANA}

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'Tl?A';13i,J|,{B'^"G",i,,1."-??KT-

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PRESENT

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THE HON'BLE SRI JUSTICE A.VENKATESHWARA REDDY

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TRANSFER C.M.p.No.26 of 2020

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Between:

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Smt. Salvadi Sandhva Ran o c c : H o u seiv i rE : ;,; ii^jGl i:,i #lffi yjfj,.t:3! I Ulll; st? t:o 3 lo%y, J, i,,[?,,.

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AND

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..,PETITIONER

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Salvadi Sunil Kumar, S/o S R.Kristrna, aged 36 years, Occ. private Emplovee r/o H.No. t0-5-182, Near pochamma renrprd,JLir"ai#'driu, Norrh Lataguda j secunderabad, T.S.

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...RESPONDENT

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Petition Under section 24 0f rhe c.p.c. praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to withdraw F c o.P.No'586 of 2018 now pending on the fire of the Judge, Famiry court, city civil court at Secunderabad and transfer the same to the court of learned Senior Civil Judge, Siddipet, to be tried atong with H.lV.O.p.No.10 of 2020, having competent jurisdiction to try the same.

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IA NO: 1 0F 2020

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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 to grant stay of all further proceedings in F.C.O.P.No.586 of 2018 pending on the file of the Judge, Family Court, City Civil Court at Secunderabad, pending disposal of the Transfer Petition.

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This Petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Malkangiri Ravi Kumar, Advocate for the Petitioner and none appeared for the Respondent.

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The Court made the following: ORDER

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HON'BLE^{S U JUSTICEA' VENKATESHWARAREDDY} TRANSFER^{C'M'P'No'26 of 2020}

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ORDER:

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. Perused^{the record'} 1 . Heard^{the leamed counsel for petitioner}

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It^{is rep esented by the learned counselfor petitionerthat} inspite of^{best efforls, as the respondentis changing his address'} notice^{could n( t be served personally'but it is servedon the counsel} for respondent^{lefore the trial Courtand acknowledgement is filedto} that effect.^{Co rsidered. Respondent called absent' no representation'}

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This tre nsfer^{civil miscellaneouspetition is llled by the} petitioner-wife under^{Section 24 of the code of civil Procedure witha} request to with lraw^{FCOP.No.586 of 2018now pending on the file of} Judge, Family Court at Secunderabad^{and to transfer the sameto the} Court of Sen or Civil Judge at Siddipet^{to be tried along with} HMOP.No.10 tf 2020 filed by her.

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Having regard to the facts of the case, scheme of Hindu Marriage Act and provisions of Section 24 of the Cod: of C ivil Procedure and also the convenience of the petitioner-u'ife as she has filed HMOP.Io.i0 of 2020 which is pending on the file of Senior Civil Judge a Siddipet, I deem it fit to accept the request of rhe petitioner

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IS 5. In the result, this transfer civil miscellaneoLrs l)etirion allorved. FCC P.No.586 of 2018 pending on the file o1'Jud13e, Farnily

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r,.c,trp.N".26:;*2lo

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court at secunderabad is withdrawn and hansferred to the court of Senior civir Judge at siddipet to be tried along with HMop.No. r 0 of 2020 filed by the petitio,er and pending on the file ofthat court. The Iearned Judge, Famity Court at Secunderabad shall transmit the entire record duly indexed, within one month from the date of receipt of a copy of this order. There shall be no order as to costs.

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Pending miscellaneous applications, if any, shall stand closed.

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SDi. I. NAGA LAKSHMI ASSISTANT REGISTR

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,TRUE COPY//

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To, '1 . The Judge, Family Court, City Civil Court, Secunderabad. 2. The Senior Civil Judge, Siddipet, Medak District. 3. Qne CC to Sri Malkangiri Ravi Kumar, Advocate tOpUCl 4. Two CD Copies 5. One Spare Copy obr

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SECTION OFFICER

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HiGH^COURT

DATED:^031121"'-021

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ORDER

TR.CMP.No.2( of 2020

ALLOWING TIIE TR.CMP

I^uf tA

Smt. Salvadi Sandhya Rani v. Salvadi Sunil Kumar

Case brief

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Smt. Salvadi Sandhya Rani v. Salvadi Sunil Kumar

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